Cases: Appealability

Appealability, Discovery: Plaintiff “Internet Troll” In California Discovery Litigation, Whose Motion To Quash Was Dismissed, Was Not Entitled To Attorney Fees Under CCP § 1987.2(c)

Cases: Appealability, Cases: Discovery

Appellate Court Also Rebukes Parties And Attorneys Whose Main Quest Is To Recoup Fees After A Defeat.             Here is how Doe v. McLaughlin, Case No. A161534 (1st Dist., Div. 2 Sept. 21, 2022) (published) began:             “Forty-four years ago our Supreme Court admonished that ‘The purpose of litigation is to resolve participants’ disputes,

Appealability, SLAPP: Even Through Cross-Claims Were Dismissed During Pendency Of An Appeal, SLAPP Denial Appeal Was Not Moot

Cases: Appealability, Cases: SLAPP

The Reason Is That Attorney’s Fees Were In Play If The SLAPP Denial Was Reversed, As It Was.             Watkins v. D’Orio, Case No. B310902 (2d Dist., Div. 2 Sept. 14, 2022) (unpublished) involved a situation where cross-defendant appealed the denial of an anti-SLAPP as to certain cross-claims and, during the pendency of the appeal,

Appealability, Special Fee Shifting Statute: Despite No Real Opposition To Civil Harassment Restraining Order Fee Motion, Reversal Of Damages Award Means Fee Award Had To Be Revisited

Cases: Appealability, Cases: Special Fee Shifting Statutes

Appellate Court Agreed That No Opposition To Fees Would Normally Be Dispositive, But Reversal In Eliminating Damages Changed The Landscape.             Hao v. Wang, Case o. B306737 (2d Dist., Div. 8 Aug. 12, 2022) (unpublished) is an interesting case in showing how even a litigant not opposing a fees motion may still get a remand

Appealability, SLAPP: 2/7 DCA Affirms Its Conclusion In Earlier Published Opinion That Denial Of SLAPP Fees To Plaintiff After A Defense SLAPP Denial Is Not Immediately Appealable

Cases: Appealability, Cases: SLAPP

In Doing So, It Disagreed With Different Conclusions By Two Sister Appellate Courts.             Kaplan v. Davidson, Case No. B312826 (2d Dist., Div. 7 July 11, 2022) (unpublished) highlights a rift between this Division and other sister appellate courts on the question of whether denial of attorney’s fees to a plaintiff after a merits denial

Appealability, Class Actions: Ninth Circuit Decides It Has Pendent Appellate Jurisdiction To Review A Non-appealable Interim Fee Award Inextricably Intertwined With The Merits Of The Appealable Orders

Cases: Appealability, Cases: Class Actions

Judicial Economy Seemed To Be The “Flavor” Here.             In Bowerman v. Field Asset Services, Inc., Nos. 18-16303/18-17275 (9th Cir. July 5, 2022) (published), a “first impression,” narrow appellate pendent jurisdictional issue was under consideration by the Ninth Circuit.  (Appellate practitioners might salivate, others not so much—but we post on it nevertheless.)  However, we can

Appealability, Deadlines: Co-Defendant’s Failure To Appeal Judgment Or Fee Denial Order Was Fatal To Appellate Consideration Of The Fee Denial Challenge

Cases: Appealability, Cases: Deadlines

Co-Defendant Could Not “Hitch” Onto Appeals By Other Defendants.             In Greenfield LLC v. Kandeel, Case No. B297194 (2d Dist., Div. 5 June 14, 2022) (unpublished), a co-defendant was denied attorney’s fees and argued that denial was incorrect in an appellate case filed by other defendants.  The appellate court held it had no jurisdiction to

Appealability, POOF!: Where Party Appealed A Judgment Which Was Later Amended To Allow One Side Fees And Costs, The Judgment Could Not Be Amended While The Appeal Was Pending

Cases: Appealability, Cases: POOF!

A $119,010 Fee Award Under An Amended Judgment Went POOF!             Just to show you how the sequence of events can play a big part on appeal, we explain what happened in Kling v. Horn, Case No. B310164 (2d Dist., Div. 7 June 8, 2022) (unpublished).             An original judgment in a matter stated that

Appealability, Deadlines: County’s Failure To Appeal A Clerk-Served File Stamped Copy Of A Fee Order Within 60 Days Meant The Appeal Was Untimely

Cases: Appealability, Cases: Deadlines

Decisions Show That Notice Of Entry Document Service Or File Stamped Order Service Will Trigger The 60 Days Appeal Deadline Time Period For Civil Unlimited Cases.             This next case is a deadline warning for practitioners whose clients want to appeal a fee ruling, even one where the client is claiming the fees were not

Allocation, Appealability, Partition: $790,967 Postjudgment Fees And Environmental Remediation Award Against Some Partitioning Parties Affirmed On Appeal

Cases: Allocation, Cases: Appealability, Cases: Partition

Lower Court Retains Lots Of Discretion To Apportion Fees in Partition Action.             DeMartini v. DeMartini, Case No. A160849 (1st Dist., Div. 1 June 7, 2022) (unpublished) is a reminder that the partition statutes allow a trial judge broad authority to award and apportion fees to parties in a partition action.  In this one, the

Appealability, POOF!: Reversal Of Merits Judgment For $390,184 In Damages Also Meant That A $365,065 Prevailing Parties’ Fees Award Went POOF!

Cases: Appealability, Cases: POOF!

No Separate Appeal Of The Fees Award Was Necessary To Extinguish The Fees Award—Although Prudent Appellate Practitioners Usually Appeal Separately To Be Cautious.             In Medical Benefits Administration, Inc. v. Nivano Physicians, Case No. C093214 (3d Dist. Apr. 1, 2022) (unpublished), prevailing parties were awarded $365,065 in attorney’s fees after winning $390,184 in damages.   However,

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