Cases: Appealability

Appealability, Costs, Deadlines: $10,800 Costs Recovery To Certain Defendants After Plaintiff Dismissed Case Without Prejudice And Refiled In Texas Was Not Erroneous

Cases: Appealability, Cases: Costs, Cases: Deadlines

4/3 DCA Sides With The View That A Costs Award Entered After A Voluntary, Without Prejudice Dismissal Is Appealable.             In Thomas v. St. Joseph Health System, Case No. G059408 (4th Dist., Div. 3 Oct. 20, 2021) (unpublished), plaintiff doctor sued certain health care defendants in Orange County Superior Court for interference/unfair competition.  Certain defendants […]

Appealability: Appellate Court Has Nice Discussion On Why Most Orders Granting Attorney’s Fees, Sanctions, And Costs Are Independently Appealable

Cases: Appealability

Case Involved Application of the Disentitlement Doctrine.             Findleton v. Coyote Valley Band of Pomo Indians, Case Nos. A156459 et al. (1st Dist., Div. 2 Sept. 29, 2021) (published), although primarily involving application of the disentitlement doctrine to dismiss appeals by a tribe unless they complied with certain lower courts within 90 days, also contained

Appealability, Deadlines, Family Law: Ex-Husband’s Appeals Of Postjudgment Fee Orders Doomed By Untimeliness Of Appeal On One Order And Lack of Merit On The Other Two.

Cases: Appealability, Cases: Deadlines, Cases: Family Law

Pay Attention to Appellate Deadlines, If You Want To Preserve Challenges.             In Marriage of Mhanna and Hage, Case Nos. H045078 et al. (6th Dist. Sept. 24, 2021) (unpublished), ex-husband challenged three attorney fees orders: (1) a first order awarding fees to ex-wife under Family Code section 271 and 2030 to the tune of $80,000;

Appealability, Probate, Reasonableness Of Fees: Trustee’s Failure to Appeal Prior Separately Appealable Order On Fees Was Dispositive On Most Issues

Cases: Appealability, Cases: Probate, Cases: Reasonableness of Fees

As Far As Amount Of Fees, Failure To Include A Reporter’s Transcript Was Equally Damning.             In Padlan v. Graves, Case No. A159576 (1st Dist., Div. 3 Sept. 17, 2021) (unpublished), a trustee was ordered to pay certain attorney’s fees to a beneficiary based on reneging on a mediation settlement agreement.  That order was made

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

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