Cases: Record

Standard Of Review/Record: Failure to Provide RT Doomed Appeal Where Loser In Fee Battle Argued Objections Were Not Honored Or Fee Discovery Not Allowed

Cases: Record, Cases: Standard of Review

  No Adequate Record Was Presented for Review Purposes.      Yet again, Next Seafood Co., Inc. v. Port of San Francisco, Case No. A137487 (1st Dist., Div. 5 Aug. 27, 2014) (unpublished), is a situation where a party losing a fee award—to the tune of $77,881.25—appealed, arguing that the fee award was not supported by […]

Family Law/Record: $3,000 Family Code Section 271 Fee Award Against Husband Sustained On Appeal

Cases: Family Law, Cases: Record

  Failure to Provide Reporter’s Transcript or Substitute Was Damning.      In Marriage of Kahdeman, Case No. B243812 (2d Dist., Div. 6 Aug. 28, 2013) (unpublished), ex-husband appealed a $3,000 award under Family Code section 271, contending that the lower court actually erroneously awarded it other Family Code provisions. The problem here is that appellant

Family Law: Failure To Provide Reporter’s Transcript Required Affirmance Of Family Law Judge Fee Sanctions Ruling Even Though He Might Have Based It On Litigation Conduct Not Mentioned In The Initial Moving Papers

Cases: Family Law, Cases: Record

       Here is an interesting one showing how an inadequate appellate record can be damning.      It was apparent in Marriage of Castaneda, Case No. C067676 (3d Dist. Mar. 22, 2013) (unpublished) that the family law judge granted Family Code section 271 sanctions based not on the conduct mentioned in initial papers (failure to

Family Law/POOF!: Third District Reverses Fee Award After Overturning Judgment On Two Claims Against Motor Home Buyer And Sustains 271 Sanctions Against Mother Based On Inadequate Record/Lack of Prejudicial Error

Cases: Family Law, Cases: POOF!, Cases: Record

       Here is a quick two-fer from the Third District:      Lafferty v. Wells Fargo Bank, Case No. C067812 (3d Dist. Feb. 4, 2013) (published): Judgment was entered against buyer in a defective motor home dispute with a lender to whom an installment sales contract was assigned by dealer. The trial court also awarded

Family Law/Record: First Judge’s Decision Denying Fees Encompassed Needs-Based/271 Fees And Second Judge Also Denied Domestic Violence Proceeding Fees

Cases: Family Law, Cases: Record

       The appellate record, in this case transcripts of oral hearings, was critical in the disposition of the appeal in Marriage of Perry, Case No. F062331 (5th Dist. Feb. 1, 2013) (unpublished).      Although wife cross-appealed from a denial of some attorney’s fees requests, the record showed that the first judge denied needs-based fees

Private Attorney General Statute: Inadequate Record And Failure To Prevail Dooms Vexatious Litigant’s Appeal

Cases: Private Attorney General (CCP 1021.5), Cases: Record

       Plaintiff, a vexatious litigant, appealed a trial court’s denial of his fee request under CCP § 1021.5, California’s attorney general statute, after he lost a bid to overturn a Nevada judgment on the grounds it was fraudulently procured.      Plaintiff lost his appeal of the fee denial in Missud v. D.R. Horton, Inc.,

Appeal: Failure To Provide Adequate Record Forfeited Challenge To Fee Award

Cases: Record

  Party Failed to Provide Record Establishing an Assignment.       Ybarra v. Ready Products Corp., Case No. E053406 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) is yet another reminder to make sure you present an adequate record on appeal. Here, defendants challenged they were not parties to a note for fee recovery purposes, which

Scroll to Top