Cases: Appealability

Appealability, Sanctions: Attorney, Although Not Appealing In Appeal By Client, Has Standing To Proceed Unless Prejudice To Opposing Party

Cases: Appealability, Cases: Sanctions

California Supreme Court Indicate Prejudice, Not Per Se, Analysis Is Applicable.             As indicated in our Year-End 2019 cases relevant to this blog, the only pending case on sanctions issue was still pending for decision.  Well, it is in.             In K.J. v. Los Angeles Unified School Dist., Case No. S241057 (Cal. Supreme Ct., Jan. […]

Appealability, Discovery, Sanctions: $3,456.70 In Fee Sanctions Based On Denial Of Postjudgment Discovery Order Upheld On Appeal

Cases: Appealability, Cases: Discovery, Cases: Sanctions

Motion Denying Discovery Order Is Nonappealable, But 2/8 DCA Treated It As Mandate Petition; CCP § 128.5 Principles Were Not Involved, Because Discovery Sanctions Were At Issue Instead.             The 2/8 DCA in Dalessandro v. Mitchell, Case No. B293472 (2d Dist., Div. 8 Dec. 17, 2019 unpublished), but certified for publication on January 3, 2020,

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             We first discussed our next case – Durack v. Wang, Case No. B293597 (2d Dist., Div. 7 November 18, 2019) (unpublished) – in a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             Bryer v. J.P. Morgan Chase, N.A., Case No. H045407 (6th Dist., November 18, 2019) (unpublished), provides a reminder that appeal of an underlying judgment generally does not include matters later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

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