Cases: Undertaking

Special Fee Shifting Statutes, Undertaking: Prevailing Defendant In A Derivative Lawsuit—After Losing A Bond Motion–Can Seek Trial And Appellate Costs, Not Limited By The $50,000 Bonding Amount Specified In Corporations Code Section 17709.02

Cases: Special Fee Shifting Statutes, Cases: Undertaking

Section 17709.02 Does Not Trump The CCP § 1032 Trial Routine Costs Statute Or The CRC 8.891 Appellate Routine Costs Provision. In Barrios v. Chraghchian, Case No. B341773 (2d Dist., Div. 8 Jan. 20, 2026) (published), a defendant brought a bond motion under Corporations Code section 17709.02 to have a derivative lawsuit plaintiff furnish security […]

Undertaking: Appellate Court Reversed Lower Court’s Imposition Of A $500,000 Undertaking For Costs And Damages Under CCP § 529.2

Cases: Undertaking

Case Involved A Challenge To A Referendum Denial Decision Under The Elections Code, Not A Direct Challenge To A Housing Project.                Move Eden Housing v. City of Livermore, Case No. A167346 (1st Dist., Div. 5 Mar. 15, 2024) (partially published; undertaking discussion published) involved a superior court’s denial of a writ mandate petition by

Undertaking: Trial Court Has Discretionary Authority To Waive Bond On Appeal For A Monetary Judgment With Respect To An Indigent Litigant

Cases: Undertaking

CCP § 917.1(a) Does Allow That.             In Sarkany v. West, Case No. A162441 (1st Dist., Div. 2 Aug. 30, 2022) (published), the appellate court confirmed that a trial court, under CCP § 917.1(a), does have discretionary authority to stay enforcement of a monetary judgment on appeal if the principal litigant is indigent and cannot

Undertaking: Home Foreclosure Preliminary Injunction Can Include Amount Of Attorney’s Fees Lender Would Likely Incur As A Result Of The Injunction

Cases: Undertaking

Even If Deed Of Trust Only Allows Fees Added To The Debt, Fees Can Be Included For Provisional Relief Pending Future Actions On Whether Fees Recovered Through A Foreclosure Sale.             In Johansen v. Bayview Loan Servicing LLC, Case No. C089085 (3d Dist. Apr. 19, 2022) (unpublished), residential borrower obtained a preliminary injunction to prevent

Judgment Enforcement, Section 1717, Undertaking: Denial Of § 1717 Attorney Fees To Third Party Entities Defeating Postjudgment Alter Ego Claims Reversed, But Denial Of Release Of Undertaking To Successful Member/Partner Affirmed

Cases: Judgment Enforcement, Cases: Section 1717, Cases: Undertaking

The Third District Followed The Reciprocity Principle Of § 1717 Set Forth In Reynolds Metals, MSY Trading, And 347 Group In Reversing The Fees Denial, But Affirmed Trial Court’s Denial Of Release Of Undertaking Based On Member/Partner’s Failure To Provide Notice.             In Westwood Homes, Inc. v. AGCPII Villa Salerno Member, LLC, Case No. C089127

Partition, Undertaking: No Abuse Of Discretion In Trial Court’s Denial To Plaintiff Of Fees/Costs Not Incurred In Partition Action, And No Error In Granting Disbursement Of Funds To Defendants While Appeal Was Pending

Cases: Partition, Cases: Undertaking

Plaintiff Was Not Entitled To Recover Code Civ. Proc. §§ 874.010 and 847.040 Fees/Costs Incurred Prior To Defendants’ Assertion Of Partition Claim, Nor To Fees/Costs Incurred Strictly For Plaintiff’s Benefit, And Undertaking Was Required To Stay The Case As Judgment Did Not Consist Of Only Fees/Costs.             Land Value Holdings, LLC v. Miller, Case No.

Employment, Special Fee Shifting Statutes, Undertaking: 1/4 DCA Affirms Labor Code § 98.2 Attorney Fees Award In Favor Of Employees Retaining Labor Commissioner’s Award After Employer’s Notice Of Appeal Dismissed

Cases: Employment, Cases: Special Fee Shifting Statutes, Cases: Undertaking

Appeal To Superior Court Of Labor Commissioner’s Ruling Was Dismissed For Employer’s Failure To Post The Required Undertaking Or Otherwise Obtain A Waiver Of Same.             Labor Code section 98.2(c) provides for costs and reasonable attorney’s fees against the unsuccessful party appealing a decision of the Labor Commissioner to the superior court.  Rather than

Appeal Sanctions, Employment, Judgment Enforcement, Undertaking: Employer Fails In Multiple Attempts To Reduce Fee Award, CEO Is Properly Denied Fees Following Successful Alter Ego Challenge, And Attorney Sanctioned $7,765 For Meritless Challenge

Cases: Appeal Sanctions, Cases: Employment, Cases: Judgment Enforcement, Cases: Undertaking

The Fees Award Against Employer Had Been Affirmed By The Sixth District Three Years Prior, The CEO Could Not Prove Employee’s Alter Ego Claims Were Frivolous, But Employer’s Motion To Release Surety Bond So Frivolous It Warranted 6th District’s Issuance Of Sanctions On Its Own Motion.             We originally posted on Khanna v. Sonasoft

Undertaking: Prevailing Defendant On Appeal Entitled To Recovery Surety Bond/Letter Of Credit Premium Costs, With Trial Judge Determining That This Was A Reasonable Option

Cases: Undertaking

Defendant Does Not Have To Choose Best Option For Appealing Plaintiff, With Lost Opportunity Costs To Defendant Being A Factor To Consider.             In Rostack Investments, Inc. v. Sabella, Case No. B286069 (2d Dist., Div. 8 Feb. 5, 2019) (published), plaintiff obtained a substantial summary judgment which was reversed on appeal, with the appellate court

Undertaking: Trial Judge Has Discretion To Order Discretionary Undertaking For Fees/Costs-Only Segment Of Judgment Under CCP § 917.9

Cases: Undertaking

Trial Judge Does Have Jurisdiction Under Section 917.9, Such That $1.5 Million Undertaking Ruling Was Not Beyond His Power.             Quiles v. Parent, Jr., Case No. G054907 (4th Dist., Div. 3 Nov. 2, 2018) (unpublished), also authored by Justice Fybel, is somewhat of a companion to our November 4, 2018 post on the related published

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