Cases: Deadlines

Cases Under Review/Deadlines: Unresolved Contractual Fee Motion Does Not Extend The Time To Appeal An Earlier Merits-Based Final Decision At Federal Court Level

Cases: Cases Under Review, Cases: Deadlines

  U.S. Supreme Court So Decides, Finding Rule for Statutorily-Based Fee Motions Applied to Contractually-Based Fee Motions Also.      On January 15, 2014, the U.S. Supreme Court issued its opinion in Ray Haluch Gravel Co. v. Cent. Pension Fund of Int’l Union of Operating Eng’rs, 2014 U.S. LEXIS 646 (U.S. Jan. 15, 2014). Earlier, this […]

Deadlines: Where Appellate Remittitur Required Entry of New Judgment, 60-Day Appellate Time Period, Not 40-Day Deadline, Applied

Cases: Deadlines

  Legally Erroneous to Deny Fee Request on Untimeliness Ground.      In Golden Hill Neighborhood Assn., Inc. v. City of San Diego, Case No. D062203 (4th Dist., Div. 1 Nov. 25, 2013) (unpublished), a trial court entered a new judgment following issuance of an earlier appellate remittitur. The lower court then denied the Association’s prevailing

Deadlines: Where Court Judgment Said Everyone Would Bear Own Fees/Costs, Prevailing Party Had To File Fee Motion To Challenge This Determination

Cases: Deadlines

  Simply Appealing Was Not So Appealing.      In San Diego Natives Holding Co, LLC v. Hughes, Case No. D061523 (4th Dist., Div. 1 Oct. 3, 2013) (unpublished), a judge did enter a judgment by which a party prevailed but said each side should bear its own costs/fees. The prevailing party appealed this determination.     

Appealability/Deadlines: Appellant Failed To Preserve Costs Challenges By Failing to Timely File From Original Judgment

Cases: Appealability, Cases: Deadlines

  Subsequent Judgment Was Not Materially Substantial So As To Trigger New Appeal Time Commencement.      Darden Painting, Inc. v. Glass Architects, Case No. A132846 (1st Dist., Div. 2 July 9, 2013) (unpublished) is a case where a litigant challenging certain costs ruling was pretty much shut out on procedural grounds–failure to timely appeal. What

Damages/Deadlines/Equity/Prevailing Parties: Dueling Prevailing Parties Remain That Way After Appeal

Cases: Deadlines, Cases: Equity, Cases: Fees as Damages, Cases: Prevailing Party

  Remand to Determine if Offseting is Appropriate; Each Note Claim Judged on its Own.      Williams v. Meyer, Case No. B243491 (2d Dist., Div. 6 June 4, 2013) (unpublished) involved a debtor plaintiff/cross-defendant and creditor defendant/cross-complainant having dueling claims on two notes delivered in favor of defendant and secured by plaintiff’s house (with fees

Deadlines: Defendant Winner In Prior Copyright Dispute Was Not Entitled To Offset Potential Fee Recovery From Royalties Where No Fees Sought In Previous Case

Cases: Deadlines

       Defendant winner in a previous copyright dispute filed a memorandum of routine costs, but never moved for recovery of attorney’s fees in that action. This decision, tactical or otherwise, was dispositive in the next case we examine.      Defendant, in De Walt v. Jobete Music Co., Inc., Case No. B240650 (2d Dist., Div.

Deadlines/Retainer Agreements: Attorney’s Amendment According To Proof On Fourth Day Of Trial Is Abuse Of Discretion When Based On Much Different Fee Exposure And Different Fee Retainer Provision

Cases: Deadlines, Cases: Retainer Agreements

  Delay and Prejudice Were Key Factors to Reversal of the Amendment Grant.      California litigation practitioners know that pleading amendments are generally liberally granted, although that liberality gets tightened when the requests are made closer to or during trial. The next case is one where an amendment grant four days into a jury trial

Deadlines/SLAPP: SLAPP Costs/Fee Awards Sustained, Although Some In Pro Per Attorneys Did Not Get Their Fees

Cases: Deadlines, Cases: SLAPP

       Defendants won a SLAPP motion and were awarded partial fees under the mandatory fee-shifting statute, although some in pro per attorneys were denied some fees under Trope. So, the other side appealed, mainly contending that the fees/costs motions were untimely.      Appealing party was not successful in Zhang v. Sugars, Case No. B243152

Deadlines/Prevailing Party On Appeal: More Specific Pre-Final Judgment Time Deadlines Prevail Over 40-Day Remittitur Rule

Cases: Deadlines, Cases: Prevailing Party

Deadlines/Prevailing Party On Appeal: More Specific Pre-Final Judgment Time Deadlines Prevail Over 40-Day Remittitur Rule      Horak v. South Shores Development Corp., Case No. B238973 (2d Dist., Div. 2 Apr. 2, 2013) (unpublished) is a second-time appellate scrutiny for one plaintiff who obtained a partial appellate reversal in a mobilehome tenancy dispute. Eventually, she lost

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