Tuesday, April 18, 2023

Back to appellate law

Digging back in to some appellate law (as opposed to appellate news), check out these two cases today:

  • In this unpub here, 4/1 finds the anti-SLAPP motion and appeal to be "devoid of merit" and frivolous, and so award attorneys' fees under CCP 42.16(c)(1).

We believe no reasonable attorney could have concluded that this antiSLAPP motion was well taken. This is particularly so after the trial court had already determined that defendants’ motion was without merit and thus awarded Sanchez her fees below. After being put on notice by the trial court that their motion was frivolous, defendants proceeded with this appeal at their own peril. Accordingly, Sanchez may also recover reasonable fees for this appeal.

  • In this unpub here, the 3d finds that a voluntary dismissal without prejudice--done to create an appealable judgment--is not a final judgment, and thus dismisses the appeal.

 On May 24, noon to 1:30, LACBA's Appellate Courts Section presents Access To Justice On Appeal: 
The Special Challenges Of The Self-Represented Litigant
, presented by Judge Lisa Jaskol, retired Justice Laurie Zelon, 2d DCA Clerk/CEO Eva McClintock, Clark Hill's Richard Nakamura, moderated by Public Counsel's Appellate Clinic guru Tyna Orren.