Cases: Deadlines

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40-Day Remittitur Rule      Horak v. South Shores Development Corp., Case No. B238973 (2d Dist., Div. 2 Apr. 2, 2013) (unpublished) is a second-time appellate scrutiny for one plaintiff who obtained a partial appellate reversal in a mobilehome tenancy dispute.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 […]

Appealability/Arbitration/Deadlines/Employment/Indemnity: Attorney’s Fees Powerball — Lots Of Unpublished Decisions On Numerous Issues

Cases: Appealability, Cases: Arbitration, Cases: Deadlines, Cases: Employment, Cases: Indemnity

  Bolgar v. Glen Donald Apartments, Inc., Case No. B241636 (2d Dist., Div. 1 Feb. 26, 2013) (Unpublished).      Although challenging a $71,934.65 fee award as an abuse of discretion, appellant did not go very far based on an inadequate record. None of the fee motion papers were included on appeal, so that the appellate

Deadlines/Judgment Enforcement: Financial Elder Abuse Victor Precluded From Seeking Postjudgment Enforcement Fees Where Judgment Had Already Been Satisfied

Cases: Deadlines, Cases: Judgment Enforcement

  Mandate of CCP § 685.080 Is Clear.      In Conservatorship of McQueen, Case No. A134337 (1st Dist., Div. 4 Feb. 2, 2013) (unpublished), a conservator for an elder recovered a financial elder abuse judgment against an attorney, who subsequently paid the judgment in full, including interest. Conservator then moved for $57,681.90 in attorney’s fees

Costs/Deadlines/Probate: Because Probate Code Does Not Require A Formal Judgment, 15-Day Costs Memorandum Filing Deadline Ran From Clerk Served Notice Of Ruling Denying Cross-Petition

Cases: Costs, Cases: Deadlines, Cases: Probate

       Although one living partner in a joint venture with a deceased partner lost a probate cross-petition battle regarding distribution of shares from the joint venture, living/nonprevailing partner was successful in resisting the subsequent costs award in favor of the prevailing parties.      Reason? It was untimely filed.      As explained in Friedman v.

Appealability/Deadlines/Probate: Failure To Timely Appeal Prior Order Subject To Reconsideration Motion Was Fatal To Appellate Jurisdiction

Cases: Appealability, Cases: Deadlines, Cases: Probate

  Trap for the Unwary:  Order Denying a Motion for Reconsideration Is Not An Appealable Order.      The administrator of an estate requested authorization to pay his attorney for both ordinary and extraordinary services to the estate. The trial court granted these requests in a formal order. One of the relatives of the decedent filed

Costs/Deadlines/Eminent Domain: Defendant Condemnee’s Failure To Timely File Costs Memorandum Was Fatal For Recovery Of Appellate Costs

Cases: Costs, Cases: Deadlines, Cases: Eminent Domain

  Also, U.S. Supreme Court Brief Printing Costs Cannot Be Awarded as Costs By State Courts.      Defendant condemnee was allowed the opportunity, after a prior appeal, to seek costs under Code of Civil Procedure section 1268.720, a statutory provision allowing appellate costs in an eminent domain proceeding in the court’s discretion (Los Angeles Unified

Costs/Deadlines: Trial Court Can Weigh Prejudice In Deciding Whether To Enforce Costs Memordandum Filing Requirements

Cases: Costs, Cases: Deadlines

  Costs Award Affirmed, With Appearance Fee In Motion to Quash Proceeding Properly Awarded.      Plaintiffs were bummed when the lower court awarded $23,750.12 in costs to some defendants winning a motion to quash based on lack of personal jurisdiction. They appealed, mainly arguing that defendants exceeded the 15 day deadline for filing a costs

Deadlines/Eminent Domain: Inverse Condemnation Fee Awards To Plaintiffs Affirmed After Trial Court Allowed Supplemental Briefing

Cases: Deadlines, Cases: Eminent Domain

  Argument Not Raised Below and No Abuse of Discretion Anyway.      Warren v. City of Compton, Case No. B235001 (2d Dist., Div. 5 Oct. 1, 2012) (unpublished) involved a situation where two respective plaintiffs won compensatory damages against City for water leaks and then were separately awarded $109,900 and $93,619 in attorney’s fees under

Deadlines/Fee Clause Interpretation/Prevailing Party/Reasonableness Of Fees: Reciprocal Easements Agreement With Broad Fees Clause Justifies Fully Requested Fee Award Of $82,145.50

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Reasonableness of Fees

  Timeliness, Nonsignatory, Prevailing Party, and Reasonableness Arguments All Rejected on Appeal.      Jones v. Ju, Case No. E053266 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) involved a real property successor owner who knew about a reciprocal easements agreement but forced one of the adjoining owners to get a declaratory relief judgment on its

Costs/Deadlines: Prevailing Defendant’s Reduced Costs Award Affirmed And Substantial Fee Award Against Another Defendant Alter Ego On Labor Violations Also Sustained

Cases: Costs, Cases: Deadlines

  Procedural Challenges to Costs and Fees Awards Did Not Prevail.      Guo v. Zhang, Case No. B235748 (2d Dist., Div. 4 Aug. 21, 2012) (unpublished) is a case where one defendant was held to be an alter ego of a business that was hit with compensatory damages for Labor Code violations and another defendant

Scroll to Top