Maybe an Oxymoron, But Stay With Us To See What This Covers.
Our local Santa Ana appellate court recently considered a writ proceeding that involved Code of Civil Procedure section 1029.8. That particular provision allows someone to sue an unlicensed person causing injury to recover treble damages not exceeding $10,000 as well as a discretionary grant of “all costs and attorney’s fees to the injured person if that person prevails in the action.”
In a very complicated procedural and writ proceeding that authoring Justice Fybel described on a post-judgment basis “as the legal equivalent of Mr. Toad’s Wild Ride,” the appellate court issued writ relief so that the section 1029.8 fee motion had to be considered, especially given that it was timely filed from the date of an order stating that a certain party had violated section 1029.8. The “injured” parties sought $595,125 in fees, but the appellate court refused–in line with the majority view of courts of appeal–to weigh in on the issue, remanding back to the trial court to adjudge in the first instance.
This “Wild Ride” case is Wilson v. Superior Court (Gladych), Case No. G043930 (4th Dist., Div. 3 June 23, 2011) (unpublished).