Motion For Appellate Fees And Costs Was Timely Filed After Skipping Labor Day Holiday. In a case which has spawned third and fourth appeals, the Second District, Division 7 likely reached the end of a litigation saga in Kenne v. Stennis, Case Nos. B259635/B262175 (2d Dist., Div. 7 Dec. 27, 2017) (unpublished). The […]
Technical Challenges Are Rejected At Appellate Level. In Coastline RE Holdings Corp. v. Brillouet, Case No. B282382 (2d Dist., Div. 6 Aug. 24, 2017) (unpublished), owners/residential borrowers had their house foreclosed (after quitclaiming the property to various entities and filing bankruptcies which were dismissed) and then lost an eviction action by the buyer
Lower Court Also Erred In Ruling Fees Motion Was Untimely Filed. In Fratus v. Contra Costa County Dept. of Conservation and Development, Case No. A147841 (1st Dist., Div. 1 Aug. 23, 2017) (unpublished), plaintiff residential owners successfully obtained an administrative mandate writ against County agency based on allegations of code noncompliance. However, the trial
Attorney Sued Too Late, With Account Stated Count Not Lengthening The 2-Year SOL. Leighton v. Forster, Case No. A145601 (1st Dist., Div. 4 Feb. 9, 2017) (published), is an interesting case to show how a noncompliant engagement letter leaves the attorney to seek recovery of fees in quantum meruit, which is governed by
Also, Costs Memorandum Was Untimely Filed, With Sender Giving Notice Of Judgment Entry Not Getting Benefit Of 5-Day Mail Service Extension. In Hernandez v. Town of Apple Valley, Case No. E063721 (4th Dist., Div. 2 Jan. 5, 2017) (partially published; fee and costs discussion not published), plaintiff won on a Brown Act violation,
CCP § 473(b) Standards Are Not Ones To Be Engrafted Into Rule 3.1702(d). Photographer: William Grimes at English Wikipedia. 2006. In Robinson v. U-Haul Co. of CA, Case Nos. A141396/A145828 (1st Dist., Div. 4 Oct. 18, 2016) (published), former U-Haul independent dealer won a non-compete, unfair competition law (UCL), and malicious prosecution
Wife’s Appeal Of Fee Denial Was Untimely. Wife was flummoxed by a lower court’s refusal to award her attorney’s fees, appealing from the denial in Bennett v. Foss, Case Nos. A145656/147009 (1st Dist., Div. 1 Sept. 28, 2016) (unpublished). Unfortunately for her, the appellate court determined that she untimely appealed such that it
Appeal Was Timely, Given That Judgment Appeal Swept In Later Order Fixing Fees. In Ducoing Enterprises, Inc. v. Patriot Paving, Inc., Case No. G051582 (4th Dist., Div. 3 June 15, 2016) (unpublished), a 3-0 decision authored by Justice Fybel, contractor won a $39,335 compensatory award against property owner in a complaint and a
Procedural, Bad Faith 998 Offer, And Late-Filed Motion To Tax Costs Arguments Rebuffed On Appeal. In Dinh v. Lejano, Case No. H041828 (6th Dist. May 31, 2016) (unpublished), plaintiff won $12,000 in a personal injury case, obtaining a jury verdict for past medical expenses but not subsequent treatments/pain and suffering. The jury also
Followed In Unpublished Opinion Issued On April 26, 2016. On August 21, 2014, we first posted on Kaufman v. Diskeeper Corp., 229 Cal.App.4th 1, 8-9 (2014), which held that a costs memorandum did not have to be filed as a condition precedent for purposes of a litigant being able to seek
