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

 

No Adequate Record Was Presented for Review Purposes.

     Yet again, Next Seafood Co., Inc. v. Port of San Francisco, Case No. A137487 (1^st Dist., Div. 5 Aug. 27, 2014) (unpublished), is a situation where a party losing a fee award—to the tune of $77,881.25—appealed, arguing that the fee award was not supported by admissible evidence and that the lower court improperly denied discovery in connection with the fee motion. These arguments did not go very far because loser did not submit a reporter’s transcript of the fee hearing to show whether or how the lower court addressed these issues. No adequate record doomed this appeal. (Maria P. v. Riles, 43 Cal.3d 1281, 1295-1296 (1987).)

     BLOG UNDERVIEW—Even in the appeals involving fee hearings, we are not sure that they are all that helpful as far as determining some issues. However, they certainly help reinforce whether de novo review is appropriate and may clarify discretionary rulings, so appellate courts use the absence of an RT as a “non-starter” in many situations.

Fleet of Whalers in the Port of San Francisco.  1864.  Library of Congress.