Cases: Appealability

Appealability: $392,172 Fee Award Against Losing Party Because No Appeal Was Taken From Fee Order Or Amended Judgment

Cases: Appealability

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             Unfortunately, Clymer v. Elder, Case No. E072525 (4th Dist., Div.  2 Oct. 13, 2020) (unpublished) is another appellate case result which counsels one to appeal post-judgment orders or amended judgments where an original judgment did […]

Appealability: Plaintiff Failing To Appeal Post-Dismissal Fee Order And Amended Judgment Resulted In An Inability To Challenge The Attorney’s Fees Order

Cases: Appealability

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             In Miller v. Bayview Loan Servicing, LLC, Case No. B295819 (2d Dist., Div. 2 Oct. 7, 2020) (unpublished), plaintiff appealed a judgment of dismissal after losing a demurrer without leave on all claims.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

Appealability, Family Law, Sanctions: $5,000 Sanctions Award Against Ex-Husband’s Attorney Found Not Appealable

Cases: Appealability, Cases: Family Law, Cases: Sanctions

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             In Marriage of Rattan & Prasad, Case No. A157880 (1st Dist., Div. 3 Sept. 24, 2020) (unpublished), ex-husband’s attorney was disqualified and was assessed with a CCP §§ 128.5/128.7 sanctions motion of $5,000 for filing frivolous motions.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

Appealability: 2/3 DCA Affirmed Fee Awards Against Borrower Based On Failure To Provide Compliant Appellate Briefing

Cases: Appealability

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             The next case, JPMorgan Chase Bank, N.A. v. Raskin, Case No. B292597 (2d Dist., Div. 3 Sept. 23, 2020) (unpublished), demonstrates an increasing trend we have seen in appellate decisions:  affirming an appeal where an appellant fails to comply with important “gateway”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.

Appealability, Request For Admissions: Appeal Of $52,245.40 Costs-Of-Proof Sanctions Upheld On Appeal, Because It Was Dismissed

Cases: Appealability, Cases: Requests for Admission

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

Appealability, Probate: Plaintiff’s Appeal Of Trial Court’s Interim Order Allowing Defendant Trustee Access To Trust Funds For Defense Is Rendered Moot When Trial Court Issues New Order Effectively Granting Same Relief As Appealed Order

Cases: Appealability, Cases: Probate

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 .

Appeal Sanctions, Appealability: 4/3 DCA Imposes $25,452 In Sanctions Against Counsel For Nonparty Group Of Church Congregation Members Who Appealed Trial Court’s Ruling On Their Motion For Protective Order

Cases: Appeal Sanctions, Cases: Appealability

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)

Appealability, Discovery, Family Law, Requests For Admission, Sanctions: Appeal Dismissed For Petitioner Who Was Dissatisfied With Trial Court’s Order On His Motion To Have Requests For Admission Deemed Admitted And For Sanctions

Cases: Appealability, Cases: Discovery, Cases: Family Law, Cases: Requests for Admission, Cases: Sanctions

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.     

Appealability: Appellant’s Earlier Abandonment Of An Appeal Of A Fee Order Was Fatal To A “Rechallenge” When The Trial Judge Made A Damages Reduction In The Merits Order

Cases: Appealability

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

Appealability, Lis Pendens: Aggrieved Party Suffering $4,500 Fee Award With Respect to Lis Pendens Expungement Could Not Raise The Issue Through A Subsequent Appeal

Cases: Appealability, Cases: Lis Pendens

Litigant Had To Raise The Issue In A Writ Petition, Which Litigant Did Not Do—Appellate Court Lacked Jurisdiction To Consider The Fee Award.             A probate litigant in Wilkin v. Nelson, Case No. B294530 (2d Dist., Div. 6 Feb. 3, 2020) (certified for partial publication Feb. 26, 2020; fee discussion not published) was ordered to

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