Procedural Requirements Do Matter In Cases. c1902. Library of Congress. Campbell v. Hyundai Motor America, Case No. B260298 (2d Dist., Div. 7 Dec. 16, 2015) (unpublished) is a triple whammy and shows why meeting procedural filing deadlines can be result dispositive in many matters. Briefly told, plaintiff dismissed a lemon law […]
Costs—CEQA Record Preparation: North County Advocates v. City of Carlsbad, Case No. D066488 (4th Dist., Div. 1 Sept. 10, 2015) (Unpublished). In this first case, the appellate court reversed and remanded a costs award in favor of City in a costs award with respect to certain record preparation costs. The takeaways here are
Also, Service Of Judgment Electronically Extended The Time To File/Serve Costs Memorandum. In a very detailed published decision, the Second District, Division 3 confronted two issues: (1) whether a costs memorandum filed 17 days after electronic service of a notice of entry of judgment was timely, and (2) whether some dismissed defendants in
Lots of Procedural, Allocation, and Reasonableness Challenges Rejected. In Save Westwood Village v. Luskin, Case No. B257354 (2d Dist., Div. 2 Aug. 18, 2015 posting) (unpublished), defendants brought a SLAPP motion, triggering plaintiffs to voluntarily dismiss them from the case. However, the trial court determined the merits of the SLAPP motion, granted it,
Judgment Awarding Fees Was Not Void, So Attack Was Unsuccessful. In Francis v. Foxx, Case No. B256423 (2d Dist., Div. 8 Aug. 6, 2015) (unpublished), plaintiff tenants won $3,445 in a landlord dispute after a bench trial, but then were awarded $47,430 (out of a requested $70,000) in Civil Code section 1717 contractual
Also, Chapter 7 Trustee Properly Dismissed Case Against Defendants, With Chapter 7 Trustee “Owning” the Dismissed Claims. Plaintiff, a Chapter 7 bankrupt, tried to get attorney’s fees a year after one of his actions was dismissed in favor of defendants by the Chapter 7 trustee under a settlement agreement. Plaintiff still went to
180-Day Rule, Not 15-Day Rule, Applied. Notice of entry of judgment is a key concept for determining whether certain subsequent filings are timely in nature. Code of Civil Procedure section 664.5 provides that notice of entry of judgment mailed by the clerk must “affirmatively state it is given upon order by the court”
Aggrieved Party Timely Objected To Proposed Judgment, So Timely Challenge Made To Duplicative Costs Award. In Ecolite Concrete U.S.A., Inc. v. G.S. Levine Ins. Services, Inc., Case Nos. D064178 et al. (4th Dist., Div. 1 Dec. 31, 2014) (unpublished), a cross-complainant was hit with a costs judgment in favor of party #1 even
Fee Award Directed Payment Of Money, So It Was Final For Appealability Purposes Even Though Order Said Future Adjustments Could Be Made. In Marriage of Bustillo, Case No. G048816 (4th Dist., Div. 3 Dec. 15, 2014) (unpublished), husband appealed a $5,000 needs-based fee award to wife, entered in May 2012, directing payment of
Ignorance of the Law Was No CCP § 473 Excuse. Deadlines and procedural technicalities can be a real trap for all lawyers, and can especially be gnarly when requesting attorney’s fees. Van Loon v. Winchester-Wesselink, LLC, Case No. E058826 (4th Dist., Div. 2 Dec. 3, 2014) (unpublished) illustrates this well. There, plaintiffs filed
