Cases: Deadlines

Appeal Sanctions/Deadlines: Second District, Division 6 Reminds Us Of Procedural Nuances On The Subject Of Appeal Sanctions And Seeking Attorney’s Fees On Appeal

Cases: Appeal Sanctions, Cases: Deadlines

  Cal. Rules of Court Do Contain the Proper Procedures in These Areas.      Justice Yegan in Sandler v. San Wall Properties, Case No. B234643 (2d Dist., Div. 6 July 31, 2012) (unpublished) does remind us of some procedural nuances on two subjects: (1) appeal sanctions; and (2) attorney’s fees on appeal.      There, winning […]

Deadlines/Pro Per Representation: Losing Party Not Entitled To Costs Because Filed Too Late, Not Entitled To Fees Based On Pro Per Representation

Cases: Deadlines

       Deadlines/Pro Per Representation: Losing Party Not Entitled To Costs Because Filed Too Late, Not Entitled To Fees Based On Pro Per Representation        Although losing defendants probably did not prevail to begin with, their appeal of a lower court’s denial of fees and costs was rebuffed in Connolly v. Trabue, Case No.

Deadlines To Appeal/Sanctions: FRCP Rule 11 Sanctions Order Does Not Require A “Separate [Judgment] Document” To Trigger Running Of Normal 30-Day Appeals Period

Cases: Deadlines, Cases: Sanctions

  Seventh Circuit Discusses FRCP Entanglement, Does Not Believe Attorney’s Fees Sanctions Orders Are To Be Treated Differently Than Normal Federal Fee Orders.      The Seventh Circuit U.S. Court of Appeals, in Feldman v. Olin, No. 11-2722 (7th Cir. Feb. 23, 2012), tackled a messy federal rules of civil procedure issue relating to whether attorneys

Deadlines: Bankruptcy Extension Rules Discussed in Attorney’s Fees Motion Filing Context by Second District, Division 6 in Published Decision

Cases: Deadlines

  Fee Claimant, Two Days Too Late, Allowed to Recoup Substantial Fees Given Uncertainty in Bankruptcy Extension/Tolling Rules.      Here is an interesting published decision relating to the deadlines for filing an attorney’s fees motion. The normal deadline, absent stipulation or extension by the trial judge, is governed by California Rules of Court, rule 3.1702(b)–the

Costs/Deadlines/Special Fee Shifting Statutes: Substantial Fee Awards Against Losing Subcontractor, After Contractor Paid Disputed Small Amount, Affimed On Appeal

Cases: Costs, Cases: Deadlines, Cases: Special Fee Shifting Statutes

  Some of the Appeals Were Untimely; College District Award of Costs and Fee Justified in Nature.      Subcontractor sued a general contractor and community college district on an approximate $100,000 extra work claim. Subcontractor lost many of the claims through pre-trial dispositive motions and dismissed the remaining claim after general contractor paid a disputed

Deadlines/Section 1717/Substantiation Of Reasonableness of Fees: Fourth District, Division 3 Talks About Timely Moving For Fee Recovery, Scope of Section 1717 Recovery, And Fee Billing Redactions

Cases: Deadlines, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

  Reversal and Remand Was the Result in this One.      Acting Presiding Justice O’Leary in Fuller v. Monogram Real Estate, Case No. G044808 (4th Dist., Div. 3 Dec. 19, 2011) (unpublished), on behalf of a 3-0 panel of our local appellate court, got to explore three issues of interest in the attorney’s fees area

Deadlines: Attorney’s Fees Motion Deadlines Not Suspended While Appealed Case Is Subject to Appellate Mediation Procedures

Cases: Deadlines

  $45,017.50 Fee Award Against Losing Employee Sustained on Appeal.       Losing employee was hit with attorney’s fees under Labor Code section 218.5 when she lost an employment case. The fee award was $45,017.50, one-fourth of the total fees expended by defendant on an apportioned basis in line with the defense request to the lower

Deadlines: Amended Judgment On Fees/Costs Award Was Substantial Change Restarting Appeals Clock And Time For Filing Fee Motion Following Prior Appellate Opinion Directives

Cases: Deadlines

  Appellate Court Follows Erickson over Torres on Amended Judgment Procedural Issue.      This next case is a sequel to an appellate opinion we discussed in our December 1, 2009 post, where the Second District, Division 4 decided that the first 998 offer is the proper measuring stick in a case where a second 998

Section 1717/Deadlines: Prevailing Landlord Forfeited Fee Entitlement By Not Filing Noticed Motion For Fees

Cases: Deadlines, Cases: Section 1717

  Merely Objecting to Preliminary View in Statement of Decision Not Enough.      Landlord won modest damages in case, but was denied an award of attorney’s fees in a statement of decision giving a preliminary view on the prevailing party issue, a statement drawing objections by both sides and resulting in an eventual judgment stating

Scroll to Top