Cases: Appealability

Appealability, Homeowner Associations, Prevailing Party, Special Fee Shifting Statutes: Second District Affirms $67,458.07 Attorneys’ Fees Awarded To Prevailing Defendant On Remand

Cases: Appealability, Cases: Homeowner Associations, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Gravamen of Plaintiffs’ Action Was Based On Governing CC&Rs Which Made Defendant Prevailing Party For Attorneys’ Fees Purposes When She Defeated The Action Through Demurrers And Plaintiffs’ Voluntary Dismissal.             We first discussed our next case – Durack v. Wang, Case No. B293597 (2d Dist., Div. 7 November 18, 2019) (unpublished) – in a […]

Appealability, Lis Pendens: The Sixth District Expresses No Opinion As To Defeated Plaintiff’s Challenge To Lis Pendens Expungement And Attorneys’ Fees Order

Cases: Appealability

Plaintiff Appealed Defendants’ Successful Demurrer Without Leave To Her First Amended Complaint, But Failed To Appeal The Later Issued Expungement and Fees Order.             Bryer v. J.P. Morgan Chase, N.A., Case No. H045407 (6th Dist., November 18, 2019) (unpublished), provides a reminder that appeal of an underlying judgment generally does not include matters later

Appealability, Probate: Trustee’s Attorney’s Appeal Of Order Denying Fees Without Prejudice Was Not A Final Appealable Order

Cases: Appealability, Cases: Probate

Appeal Was Dismissed, But Attorney Could Renew Request In Civil Court.             In Katzen v. Callan, Case No. G055985 (4th Dist., Div. 3 Sept. 23, 2019) (unpublished), the 4/3 DCA—in an opinion authored by Presiding Justice O’Leary—dismissed an appeal by a trustee’s former attorney denying a fee request because the denial was without prejudice.  So,

Appealability, Receivers: $92,952 In Receivership Fees Affirmed In Judgment In Favor Of Landlord Elks Building Association Of Santa Ana And Against Tenant JK Properties

Cases: Appealability, Cases: Receivers

Appealing Both Merits And Fee Judgments Was Properly Done Here; Special Benefit Doctrine Was Not Proven By Tenant.             In Elks Building Association of Santa Ana v. J.K. Properties, Inc., Case No. G056187 (4th Dist., Div. 3 Sept. 10, 2019) (unpublished), tenant JK Properties assumed a lease to the Saddleback Inn in Santa Ana, whose

Appealability, Discovery: Appeal From Final Judgment Does Preserve Challenges To Discovery Rulings.

Cases: Appealability, Cases: Discovery

2/4 DCA Finds Persuasive Reasoning From Prior 2/8 Decision On This Issue.             We found Baiul-Farina v. Crown Media Holdings, Inc., Case No. B279653 (2d Dist., Div. 4 Aug. 21, 2019) (unpublished) interesting, not because it affirmed discovery sanctions rulings, but for its discussion on appealability.  Appellant argued that discovery sanctions rulings were not appealable

Appealability: Appellant’s Failure To Specify Appeal From Postjudgment Order Denying Motion To Tax Costs Did Not Encompass Award Of CCP § 998 Expert Fees To Defendants, Requiring Dismissal Of The Appeal

Cases: Appealability

Appellant Sealed His Fate Based On Oral Argument Concessions.             Gallegos v. Tesoro Sierra Properties, LLC, Case No. B282757 (2d Dist., Div. 3 June 19, 2019) (unpublished) is a case where an appeal was dismissed for lack of clarity in what was included in the notice of appeal.  Appellant only appealed a judgment and then

Appealability: Denial Of Motion To Compel Mandatory Fee Arbitration Act Arbitration Is Not An Appealable Order

Cases: Appealability

2/1 DCA Also Refuses To Treat It As An Extraordinary Writ Petition From The Denial Order.             The Mandatory Fee Arbitration Act (MFAA) establishes a system for a client to arbitrate attorney’s fee disputes before local bar associations, with it being mandatory for attorneys if clients so initiate an arbitration but optional if clients do

Appealability, Section 1717: $9,000 SLAPP Fee Award Affirmed Given That Trial Court Invited It Through An Amended Motion

Cases: Appealability, Cases: Section 1717

Appeal Of Prior Merits Addition Of New Judgment Debtor Order Did Not Divest Trial Court Of Jurisdiction To Rule On Fee Motion.             In SMA Liquidating Corp. v. Leech Tishman Fuscaldo & Lampl, LLP, Case No. B287960 (2d Dist., Div. 7 May 13, 2019) (unpublished), the trial judge allowed a second request for consideration of

Scroll to Top