Cases: Appealability

Appealability, Trade Secrets: Denial Of Attorney’s Fees Under Trade Secret Statute, Before Resolution Of Entire Case, Was Not Appealable For Now

Cases: Appealability, Cases: Trade Secrets

Order Dismissing Appeal Was Recently Published.             In Dr. V Productions, Inc. v. Rey, Case No. B312605 (2d Dist., Div. 5 Sept. 10, 2021) (published), the appellate court confronted whether the denial of a $273,484.56 attorney’s fees request under the trade secret fee-shifting statute (Civil Code section 3426.4) was appealable where the trade secret claim […]

Appealability, Class Action, Common Fund: Ninth Circuit, In A Case Which Was Not A Classic Common Fund Case When Google Agreed To Pay Class Action Counsel Outside Of Fund, Determines Award Of $725,580.80 To Class Counsel Was Not Appealable

Cases: Appealability, Cases: Class Actions, Cases: Common Fund

No Final Judgment/Settlement Occurred, With Google Agreeing To Pay Outside Of The Common Fund, And With The Collateral Order Doctrine Not Inapplicable Under The Circumstances.             The Ninth Circuit, in AdTrader, Inc. v. Google, LLC, Case No. 20-15542 (9th Cir. July 30, 2021) (published), faced an interesting fact pattern as evidenced by this passage near

Appealability, Appeal Sanctions, Discovery, Sanctions: $4,900 In Monetary Discovery Sanctions Affirmed

Cases: Appeal Sanctions, Cases: Appealability, Cases: Discovery, Cases: Sanctions

However, Frivolous Appeal Sanctions Denied For Failure To Show The Appeal Was Brought For An Improper Motive.             In Lazo v. Keller, Case No. G058765 (4th Dist., Div. 3 July 29, 2021) (unpublished), two plaintiffs separately were ordered by the lower court to pay $4,900 in monetary discovery sanctions to defendant.  Plaintiffs’ appeal was dismissed

Appealability, Lodestar, Partition, Substantiation Of Reasonableness Of Fees: Lower Court’s Award Of Fees To Winning Beneficiaries And Property Owner In Partition Action Was Affirmed On Appeal

Cases: Appealability, Cases: Lodestar, Cases: Partition, Cases: Substantiation of Reasonableness of Fees

Apportionment Under Partition Statutes Is Vested Within Lower Court’s Equitable Discretion.             In Hofmann v. Hofmann, Case No. F079977 (5th Dist. July 15, 2021) (unpublished), trustee son Michael was obviously not happy when he lost a partition action to trust beneficiaries (his siblings) and the current property owner.  Beneficiaries and property owner, respectively, filed attorney’s

Appealability, Costs, Discovery: Denial Of $1.1 Million For Electronic Discovery Costs Reversed Because Lower Court Seemed To Indicate No Discretion On Awarding Them

Cases: Appealability, Cases: Costs, Cases: Discovery

Modern Trend Is To Recognize E-Discovery Recoupment Costs As Long As They Are Justified.             Ya know, times change, technology changes, and jurisprudence changes.  Although unpublished, City of Los Angeles v. PricewaterhouseCoopers, LLP, Case No. B305583 (2d Dist., Div. 5 July 8, 2021) (unpublished) shows how electronic discovery costs may be awardable, if justified, based

Appealability: $75,105 In Labor Code Fees Award To Plaintiff Was Affirmed

Cases: Appealability

Defendants Failed To Properly Appeal Postjudgment Fees Award, As Well As Not Presenting Adequate Appellate Record.             In Hernandez v. Princess Windows, LLC, Case No. B302750 (2d Dist., Div. 2 June 1, 2021) (unpublished), plaintiff employee won wage/hour and rest break claims/penalties against defendant, totaling $58,861.  Based on fee-shifting statutes, another $75,105 in attorney’s fees

Appealability: Incorrect Date In Notice Of Appeal, Corrected In Civil Case Information Statement, Did Not Mean Appeal Was Untimely

Cases: Appealability

But Appeal Was Denied On The Merits.             In Ko v. Liang, Case No. B303813 (2d Dist., Div. 8 May 27, 2021) (unpublished), appellants appealed a fee award based on failing to satisfy a pre-condition mediation requirement, something decided long ago.  Ultimately, appellant lost on the merits.  However, respondent argued that the appeal was untimely

Appealability, Experts, Section 998: 2/8 DCA Declines To Consider Plaintiff’s Arguments Against Trial Court’s PostJudgment Award To Prevailing Defendants Of Section 998 Expert Witness Fees

Cases: Appealability, Cases: Experts, Cases: Section 998

Plaintiff’s Failure To File A Notice Of Appeal On The PostJudgment Award Deprived Appellate Court Of Jurisdiction.             In Nash v. Romano, Case No. B303765 (2d Dist., Div. 8 April 12, 2021) (unpublished), plaintiff tenant sued her landlords after she broke her ankle while stepping on an allegedly unstable backyard paver.  The jury returned

Appealability: Defense Side’s Failure To Appeal Fee Award/Amended Judgment, Much Less Include Fee Motion Paperwork In Appellate Record, Doomed Any Challenge On Appeal.

Cases: Appealability

$125,000 Fee Award Challenge Could Not Be Entertained.             In RSF Associates, LLC v. Nieto, Case No. D076227 (4th Dist., Div. 1 Feb. 18, 2021) (unpublished), plaintiff contractor won a $37,222.61 damages award against a landscaper defendant, with the defense cross-complaint recovering nothing.  Later, plaintiff obtained a fees/costs award against defendant of more than $125,000,

Appealability: Failure To Timely Appeal Original Judgment Determining Prevailing Party Or Subsequent Fee Order Fixing Costs Doomed Any Merits Challenge Of Fee Award

Cases: Appealability

As We Have Said Before, Appeal Judgment As Well As Subsequent Fee Order To Be Safe.             This next case from our local Santa Ana court stresses a recommendation we have throughout the years encouraged practitioners to heed:  appeal both a final judgment (the original one, not amended) and a subsequent postjudgment fee order separately. 

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