Mandatory Prong Was Not Available, But Lower Court Could Discretionarily Entertain. In Byron v. McCray, Case No. B306599 (2d Dist., Div. 7 Feb. 14, 2022) (unpublished), an attorney for a prevailing party fell on the sword and brought a CCP § 473 motion to recover fees based on not filing for fees in timely […]
Order Granting Writ Petition Was A Final Judgment, Not Impacted By A Future Writ Return. Union members successfully obtained a writ of mandate order by which the lower court directed vacating a Union board election in Wallace v. Alameda County Management Employees Assn., Case No. A162044 (1st Dist., Div. 5 Jan. 25, 2022) (unpublished).
Case Law Was Not Ambiguous That No Entry of Judgment Was Needed When The Court Clerk Served A Notice Of Voluntary Dismissal. Tom v. Live Nation Entertainment, Inc., Case No. B308200 (2d Dist., Div. 7 Jan. 19, 2022) (unpublished) should remind all litigators to timely file a motion to tax costs, even prematurely doing
Failure To File Was Dispositive To Majority Opinion; Dissent Believed That The Fee Entitlement Request In The SLAPP Motion Papers Properly Teed Up The Issue. Over a dissent, a majority of an appellate court panel in Catlin Ins. Co., Inc. v. Danko Meredith Law Firm, Inc., Case No. A160358 (1st Dist., Div. 4 Jan.
Distinction Between Enforcement Fees And Appellate Fees Set Forth In McQueen Governed. In Laue v. Ortiz, Case No. H047475 (6th Dist., January 7, 2022) (unpublished), defendant successfully SLAPPed plaintiff’s complaint and was awarded fees and costs as mandated under Code Civ. Proc. § 425.16(c)(1) – the anti-SLAPP fee shifting provision. After unsuccessfully appealing
Lack of Diligence Was the End Conclusion Of This Matter. In Frye v. The Legends Golf Club, LLC, Case No. E075191 (4th Dist., Div. 2 Dec. 6, 2021) (unpublished), the appellate court colorfully led off this way: “A trial court’s award of contractual attorney fees and costs is not like a stock dividend—you must
4/3 DCA Sides With The View That A Costs Award Entered After A Voluntary, Without Prejudice Dismissal Is Appealable. In Thomas v. St. Joseph Health System, Case No. G059408 (4th Dist., Div. 3 Oct. 20, 2021) (unpublished), plaintiff doctor sued certain health care defendants in Orange County Superior Court for interference/unfair competition. Certain defendants
Pay Attention to Appellate Deadlines, If You Want To Preserve Challenges. In Marriage of Mhanna and Hage, Case Nos. H045078 et al. (6th Dist. Sept. 24, 2021) (unpublished), ex-husband challenged three attorney fees orders: (1) a first order awarding fees to ex-wife under Family Code section 271 and 2030 to the tune of $80,000;
CCP § 1021.5’s Fee Claimant Motion Was Untimely. Sometimes, the context of a suit determines when a fee motion needs to be filed. Central Delta Water Agency v. Dept. of Water Resources, Case Nos. C078249 et al. (3d Dist. Sept. 22, 2021) (published) reminds practitioners in a reverse validation case—even where more claims are
Filing An Appeal Did Not Stay Fee Motion Determination Absent A Stipulation, With Petitioning Attorneys Doing A Commendable Job Of Supporting The Fee Request. This next case, Korchemny v. Piterman, Case Nos. A155483 et al. (1st Dist., Div. 2 Aug. 27, 2021 [unpublished]; certified for publication on September 17, 2021), demonstrates how a winning
