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 In Frye v. The Legends Golf Club, LLC, Case No. E075191 (4th Dist., Div. 2 Dec. 6, 2021) (unpublished), the appellate court colorfully led off this way: “A trial court’s award of contractual attorney fees and costs is not like a stock dividend—you must […]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 In Thomas v. St. Joseph Health System, Case No. G059408 (4th Dist., Div. 3 Oct. 20, 2021) (unpublished), plaintiff doctor sued certain health care defendants in Orange County Superior Court for interference/unfair competition.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 Sept. 24, 2021) (unpublished), ex-husband challenged three attorney fees orders: (1) a first order awarding fees to ex-wife under Family Code section 271 and 2030 to the tune of $80,000;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 (1st Dist., Div. 2 Aug. 27, 2021 [unpublished]; certified for publication on September 17, 2021), demonstrates how a winning
Defendants’ Cross-Appeal Was Untimely, And A Separate Appeal, Not A Cross-Appeal, Was Required For Challenging Trial Court’s Order As It Related To Defendants’ Request For Expert Witness Fees. In Ramirez v. Barajas, Case No. E071558 (4th Dist., Div. 2 September 13, 2021) (unpublished), personal injury plaintiff, suing defendants for $1.4 million in damages, rejected
Numerous CRC Provisions And Cases Established The Proper Conclusion. We thank the 2/2 DCA panel in Gallop v. Duval, Case No. B308531 (2d Dist., Div. 2 Sept. 2, 2021) (unpublished) for clarifying the deadlines which apply to timely filing of an attorney’s fees motion when posttrial motions have been denied. Prevailing party filed an
Variety Of Costs, Fee Entitlement, And Lodestar Issues Explored In This Unpublished Opinion. Antelope Valley Groundwater Cases, Case No. F083138 (5th Dist. Aug. 24, 2021) (unpublished) was a Los Angeles-venued case which produced a global settlement complete with a provision for certain parties to bear attorney’s fees and costs by class counsel. Class counsel
The Trial Court Declared The Discovery Motion Moot When It Granted Summary Judgment To Plaintiff, But Motion Was Renewed After Remand, And Parties Were Returned To Same Positions They Would Have Been In If Plaintiff Had Defeated Summary Judgment In The First Instance. In Timlick v. National Enterprise Systems, Case No. A160110 (1st Dist.,
However, Costs Award Of $332,704.20 Reversed For Failure To Timely File A Costs Memorandum, Although The Appellate Court Did Indicate Lower Court Could Entertain CCP § 473 Default Motion Based On Surprise If Lender Wanted To Renew Costs Issue. This next case, Rincon EV Realty LLC v. CP III Rincon Towers, Inc., Case Nos.
