Cases: Deadlines

Deadlines, Special Fee Shifting Statutes: City Obtaining Preliminary Injunction As To Public Nuisance On Marijuana Dispensaries Was Entitled To Attorney’s Fees, But Not Costs

Cases: Deadlines, Cases: Special Fee Shifting Statutes

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            In Green Lotus Entertainment, Inc. v. City of Montclair, Case No. E079531 (4th Dist., Div. 2 May 16, 2024) (unpublished), City obtained a preliminary injunction against certain cross-defendants, […]

Deadlines, SLAPP: Lower Court Erred In Not Adjudicating Merits Of SLAPP Motion In Dismissed Case And Then Determining If Attorney’s Fees Were Warranted

Cases: Deadlines, Cases: SLAPP

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                In Shih v. Max, Case No. B324437 (2d Dist., Div. 1 Apr. 29, 2024) (unpublished), lower court denied two defendants’ SLAPP fee motions as moot after plaintiffs voluntarily dismissed their complaint before the SLAPP motion could be heard,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

Deadlines: Special Deadlines Govern Appeal Of Costs Orders In Validation Actions, With Appellants Being Untimely

Cases: Deadlines

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 (1st Dist., Div. 5 Jan. 29, 2024) (unpublished), a litigant appealed a postjudgment costs order in a

Deadlines: In Civil Harassment Restraining Matter, Lower Court Did Not Err By Awarding Further Fees Of $41,762.31 To Prevailing Petitioner After An Initial $1,000 Fee Award To Her At A Hearing Where Petitioner Was Representing Herself

Cases: Deadlines

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 Nov. 13, 2023) (unpublished), the court entered a civil harassment restraining order and granted petitioner $1,000 in attorney’s fees under CCP § 527.6(s) based on a request for that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,

Appealability, Deadlines: Appeal Of Later Amended Judgment Including Fees And Costs Was Untimely With Respect To A Review Of The Merits Decision Reflected In the Original Judgment

Cases: Appealability, Cases: Deadlines

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

Deadlines: Where Motion To Compel Arbitration, Based On Accompanying Declarations, Had A Fee Request, It Authorized The Lower Court To Grant Fees Where Other Side Did Not Object To Them In Their Opposition Or At The Hearing

Cases: Deadlines

Inadequate Record Sealed The Result, But The Lesson Is To Make An Objection To A Fee Request Even If Inartfully Raised.             The result in Barcenas v. 99 Cents Only Stores, LLC, Case No. B316898 (2d Dist., Div. 3 Feb. 17, 2023) (unpublished) is based on waiver, but it is a lesson to object to

Appealability, Deadlines: Plaintiff’s Appeal Of An Attorney’s Fee Grant Motion Was Untimely, Resulting In A $64,350.30 Fees Order Standing As Viable Without Any Review

Cases: Appealability, Cases: Deadlines

Appeal Was Electronically Received By The Court One Minute Late, Which Made It Untimely—So, Allow For Some Electronic Delay Transmission Issues When Filing An Appeal.             Although unpublished, the lesson from McKenna v. Sony Pictures Entertainment, Case Nos. B304256/B310814 (2d Dist., Div. 5 Feb. 15, 2023) (unpublished) is to not push the 11:59 p.m. electronic

Deadlines, Retainer Agreements: Notwithstanding Whether Retainer Agreements Are Avoided, Quantum Meruit Statute Of Limitations Runs From Discharge

Cases: Deadlines, Cases: Retainer Agreements

Appellate Court Follows Fracasse.             The Law Firm of Kallis & Associates v. Padgett, Case No. H046063 (6th Dist. Nov. 21, 2022) (unpublished) confirmed that, notwithstanding when a fee agreement is voided by the client, an attorney’s quantum meruit claim generally runs from the time that the law firm was discharged by the client,

Deadlines, Probate: $212,089.25 In Fees To Sole Trust Beneficiary Under Probate Code Section 8804(c) Was Sustained Under Law Of The Case Doctrine

Cases: Deadlines, Cases: Probate

Also, Fee Motion Was Timely Filed Based On Notice of Entry of Judgment Containing Two Documents Comprising The Judgment.             In Karamooz v. Karamooz, Case No. G060515 (4th Dist., Div. 3 Nov. 14, 2022) (unpublished), authored by Justice Moore, sole trust beneficiary earlier had obtained a $212,089.25 attorney’s fees award under Probate Code section 8804(c),

Deadlines, Section 998: Plaintiff’s Acceptance Of A 998 Offer With Stipulated Fee Cap Took The Steam Out Of Later Attorney’s Fees Motion

Cases: Deadlines, Cases: Section 998

Beyond That, The Motion Was Not Filed On 16-Court Days’ Required Notice.             This case shows how a litigant and his attorney’s prior actions can have a dramatic impact on a later attempt to obtain more attorney’s fees through a noticed fee motion.             In Baiocchi v. Ford Motor Co., Case No. G059143 (4th Dist.,

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