Collateral Order Doctrine and MRL “Arising From” Principles Explored.
In Hall v. West, Case No. D060402 (4th Dist., Div. 2 Oct. 10, 2012) (unpublished), defendants moved to SLAPP plaintiff’s extant complaint, prompting plaintiffs to obtain leave to file a second amended complaint and then dismissing the action without prejudice. The trial court proceeded to award SLAPP fees to the defense in the amount of $4,200. Later on, the lower court awarded attorney’s fees of $19,133.75 to the defense for the entire action based upon fee clauses in the mobilehome rental agreements between tenants and landlord. Plaintiffs appealed.
Unfortunately, the appeal of the SLAPP fee award was dismissed. Reason? Plaintiffs failed to timely appeal the separate fee order within 60 days of its service. The appellate court agreed with City of Colton v. Singletary, 206 Cal.App.4th 751, 781-782 (2012) [discussed in our June 1, 2012 post] that a collateral order was involved having to be separately appealed. It found Doe v. Luster, 145 Cal.App.4th 139 (2006) distinguishable (applying only to an order denying SLAPP fees) and would not follow the decision where the appeal was from an order granting SLAPP fees to the defense.
However, the notice of appeal was sufficiently broad to encompass review of the $19,133.75 fee order. The lower court certainly had post-dismissal jurisdiction to award fees and costs, although the voluntary dismissal without prejudice barred a contractual fee award under Civil Code section 1717. That brought the appellate court to consider whether fees could be awarded under plaintiffs’ tort claims because they arose out of the Mobilehome Residency Law (MRL) which has a fee-shifting provision in Civil Code section 798.85. After surveying the law on what type of claims “arise from the MRL,” the appellate court decided that plaintiffs’ claims were based on MRL violations even though no direct statutory claims were alleged. (Del Cerro Mobile States v. Proffer, 87 Cal.App.4th 943, 945-948 (2001), but also discussing SC Manufactured Homes and MHC Financing.) Second fee order affirmed.
Mr. Timothy Rack Rent, an old miserable landlord, & his neighbour Lease-hold, a country attorney. Jonathan Spilsbury, engraver? 18th century.