Plaintiff Failed To Timely File A Fee Motion 60 Days After Dismissal Was Entered. With no need to go through the details, Animal Protection and Rescue League, Inc. v. Marengo, Case No. D082607 (4th Dist., Div. 1 Dec. 16, 2024) (unpublished) should remind practitioners filing a dismissal without prejudice on behalf of a plaintiff […]
Also, Admissions In Appellate Brief Extension Requests Can Undermine A Claim That Fees Were Unreasonable Based On Non-complexity. Currency Corp. v. Wertheim, LLC, Case No. B326827 (2d Dist., Div. 1 Nov. 5, 2024) (unpublished), where a substantial appellate fee award of $338,535 was sustained on appeal in favor of prevailing respondents, has some lessons
Family Code Section 291(b) So Specifies. In Marriage of Shayan, Case No. B323455 (2d Dist., Div. 8 Oct. 25, 2024) (published), the appellate court affirmed a lower court’s conclusion that an attorney’s fees judgment under Family Code section 2030 was not governed by the normal 10-year enforcement period for most monetary
Lower Court Impliedly Extended The Fee Filing Deadline, With The Failure To File An Income/Expense Statement Found Nonprejudicial In Nature. Bryan v. Bryan, Case No. E080311 (4th Dist., Div. 2 July 1, 2024) (unpublished) is a case where ex-husband was awarded $72,776.25 in appellate fees (out of a requested $90,000) for winning an appeal
Fee Request Reduced Down From $203,865; Two Awarded Routine Costs Components Remanded For A Further Hearing. In Thompson v. Ito, Case No. G061437 (4th Dist., Div. 3 June 12, 2024) (unpublished), a defendant losing a trust undue influence case and determined to have committed financial elder abuse was hit with an adverse attorney’s fees
No Costs Memorandum Was Required To Seek Fees, But City Failure’s To File Did Bar It From Obtaining Costs—Kaufman Decision Found Applicable To Statutory Fee Request. In Green Lotus Entertainment, Inc. v. City of Montclair, Case No. E079531 (4th Dist., Div. 2 May 16, 2024) (unpublished), City obtained a preliminary injunction against certain cross-defendants,
Renewed Fee Motion Was Timely, Where Original Fee Motion Was Filed Within Deadlines. In Shih v. Max, Case No. B324437 (2d Dist., Div. 1 Apr. 29, 2024) (unpublished), lower court denied two defendants’ SLAPP fee motions as moot after plaintiffs voluntarily dismissed their complaint before the SLAPP motion could be heard, although there were
Special Attention Needs To Be Paid In Validation Proceedings—Appeal Deadlines Are Different. Validation proceedings have their own time deadlines, including times to appeal. In County of Alameda v. Alameda County Taxpayers Assn., Case No. A167040 et al. (1st Dist., Div. 5 Jan. 29, 2024) (unpublished), a litigant appealed a postjudgment costs order in a
Lower Court Did Not Lose Jurisdiction To Award Additional Fees. In George v. Hartman, Case Nos. H049735/H049886 (6th Dist. Nov. 13, 2023) (unpublished), the court entered a civil harassment restraining order and granted petitioner $1,000 in attorney’s fees under CCP § 527.6(s) based on a request for that amount in a Judicial Council form,
The Later Amended Judgment Was No Substantial Modification To The Original Judgment. The next opinion, San Diego Innovation Center, LLC v. Skyriver Communications, Inc., Case No D080972 (4th Dist., Div. 1 Aug. 25, 2023) (unpublished), supports a suggestion we have made in numerous past posts: appeal an original judgment and amended judgments to make
