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 In Ko v. Liang, Case No. B303813 (2d Dist., Div. 8 May 27, 2021) (unpublished), appellants appealed a fee award based on failing to satisfy a pre-condition mediation requirement, something decided long ago.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 […]
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 In Nash v. Romano, Case No. B303765 (2d Dist., Div. 8 April 12, 2021) (unpublished), plaintiff tenant sued her landlords after she broke her ankle while stepping on an allegedly unstable backyard paver.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
$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 In RSF Associates, LLC v. Nieto, Case No. D076227 (4th Dist., Div. 1 Feb. 18, 2021) (unpublished), plaintiff contractor won a $37,222.61 damages award against a landscaper defendant, with the defense cross-complaint recovering nothing.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,
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.
2/7 DCA Implicitly Suggests Disagreement With Other Decisions, But Finds Two Sanctions Orders Were Not Intertwined. OK, for you folks who love technical appealability issues, Taylor v. Forde, Case No. B298957 (2d Dist., Div. 7 Jan. 20, 2021) (unpublished), may be your forte, especially when it comes to appealability of discovery terminating sanctions orders
Employee Did Prevail On Employer’s Contract Claims, But Lower Court’s Reduced Fee Award For Prevailing On Labor Code Claims Was No Abuse Of Discretion—Given Attorney Intervenors Did Timely Appeal And Contest Merits Based On Their Attorney’s Lien Interest In Fees/Costs Awards. This next case, Premier Mechanical Group, Inc. v. Harvey (Edwards), Case No. D075663
In Separate Merits Appeal, Appeal Was Cognizable Although Possession Returned To Landlords During Appeal Because Review Would Determine Landlord Liability For Fees/Costs. In Lee v. Kotyluk, Case No. G058631 (4th Dist., Div. 3 Jan. 7, 2021) (published), landlords sought to evict a commercial tenant for selling marijuana without a license. The lower court found
Reason For The Dismissal Was Plaintiffs’ Failure To Adequate Raise Or Brief The Issue. In New Livable California v. Assn of Bay Area Governments, Case No. A159235 (1st Dist., Div. 3 Dec. 18, 2020 December 18, 2020, published on Jan. 6, 2021), plaintiffs lost a Brown Act writ of mandate petition on a demurrer,
Self-Represented Plaintiff’s Appeal Of A Nonappealable Order Did Not Rise To The Strict Standard For Imposing Sanctions In Barker v. Di Lando, Case No. A159556 (1st Dist., Div. 2 November 23, 2020) (unpublished), the 1/2 DCA dismissed an appeal filed by a self-represented plaintiff seeking reversal of the trial court’s order vacating default
Trial Court Abused Its Discretion By Denying Wife’s Need-Based Fees Request Until Completion Of Litigation, Where Such Request Requires Decision Within 15 Days Of The Hearing That Reflects Consideration Of Statutory Factors, But Trial Court’s Denial Of Requested Sanctions Until Completion Of Litigation Within Its Discretion. In Marriage of Franecke and Melkonian, Case
