However, Amending Fee Order Nunc Pro Tunc To Correct Clerical Error Was No Abuse Of Discretion. Trans World Sourcing, Inc. v. Prend, Case No. E071712 (4th Dist., Div. 2 Oct. 14, 2020) (unpublished) is a situation where two dismissed defendants moved for attorney’s fees of $27,263.63, each, and for costs of $3,859.49, each, against […]
Since Entitlement Not Decided Under Original Judgment, Appeal From It Only Did Not Preserve Challenge To Subsequent Fee Ruling. Unfortunately, Clymer v. Elder, Case No. E072525 (4th Dist., Div. 2 Oct. 13, 2020) (unpublished) is another appellate case result which counsels one to appeal post-judgment orders or amended judgments where an original judgment did
Appellate Court Had No Jurisdiction To Consider Any Fee Challenges. In Miller v. Bayview Loan Servicing, LLC, Case No. B295819 (2d Dist., Div. 2 Oct. 7, 2020) (unpublished), plaintiff appealed a judgment of dismissal after losing a demurrer without leave on all claims. Later, prevailing defendants moved for fees, a motion which was granted
Specific Appealability Provisions Governed The Result. In Marriage of Rattan & Prasad, Case No. A157880 (1st Dist., Div. 3 Sept. 24, 2020) (unpublished), ex-husband’s attorney was disqualified and was assessed with a CCP §§ 128.5/128.7 sanctions motion of $5,000 for filing frivolous motions. Attorney’s appeal of the sanctions order was unsuccessful because (1) CCP
Appellate Courts Increasingly Are Not Forgiving Appealing Parties’ Mistakes. The next case, JPMorgan Chase Bank, N.A. v. Raskin, Case No. B292597 (2d Dist., Div. 3 Sept. 23, 2020) (unpublished), demonstrates an increasing trend we have seen in appellate decisions: affirming an appeal where an appellant fails to comply with important “gateway” appellate briefing rules.
Reason Was That Defense Insurer Voluntarily Paid Both The Judgment and Sanctions In Full. In Nelson v. Estate of Holguin, Case No. B298135 (2d Dist., Div. 3 July 28, 2020) (unpublished), defendant estate suffered a $167,250 adverse jury verdict and CCP § 2033.420 costs-of-proof sanctions of $52,245.40. Defendant’s insurer voluntarily paid the judgment and
Unique Provision Of The Probate Code Provided An End Run Around The Stay Created When Plaintiff Appealed And Posted A Bond. Probate Code § 1310(b) provides that, “for the purpose of preventing injury or loss to a person or property, the trial court may direct the exercise of the powers of the fiduciary .
Nonparty Group’s Motion For Protective Order Was Actually A Nonappealable Motion For Reconsideration Of A Discovery Ruling, But 4/3 DCA Treated Appeal As A Writ Petition To Stop The Harm Caused By Delaying Litigation In This Case. In Roe 1 v. Doe 2, Case No. G057684 (4th Dist., Div. 3 June 29, 2020)
The Appellate Court Has No Jurisdiction To Review A Discovery Order. Petitioner father and respondent mother in Minasian v. Katz, Case No. A158517 (1st Dist., Div. 2 June 11, 2020) (unpublished) were involved an incredibly protracted action – dating back to 2004 – regarding their child who was born the year before.
The Damages Reduction Did Not Restart The Appellate Engine, With the Abandonment Resulting In A Dismissal Of The Earlier Appeal—Which Was Dispositive. In Corrales v. Corrales, Case No. D075507 (4th Dist., Div. 1 Apr. 21, 2020) (unpublished), an appellant previously filed an abandonment of an appeal of an attorney’s fees order. After an amended
