Appealability, Equity: Losing Party’s Failure To Appeal Earlier Fee Order Forfeited Challenges

However, Amending Fee Order Nunc Pro Tunc To Correct Clerical Error Was No Abuse Of Discretion.

            Trans World Sourcing, Inc. v. Prend, Case No. E071712 (4^th Dist., Div. 2 Oct. 14, 2020) (unpublished) is a situation where two dismissed defendants moved for attorney’s fees of $27,263.63, each, and for costs of $3,859.49, each, against plaintiff.  Plaintiff did not oppose the motion, which was granted although the order mistakenly stated it was for fees and costs of $3,859.46 rather than including the separate, higher fees amount.  The defendants quickly moved to correct the error, with the lower court requiring a CCP § 473 clerical error motion.  Defendants obliged, and the lower court corrected the fees/costs award nunc pro tunc to reflect the true fees amount in granting the section 473 motion.  Plaintiff appealed, but to no avail.  It had forfeited challenges to the earlier fee ruling on the merits based on no opposition and on Plaintiff’s failure to appeal the ruling.  Although Plaintiff could contest the section 473 order, it was no abuse of discretion for the trial judge to correct a transparent clerical error.