Appealability: Plaintiff’s Challenges To Fee Award Were Forfeited Based On Inadequate Record Presentation And Failure To Raise Challenges At Trial Court Level

Two Fundamental Appellate Principles Supported Affirmance Of The Fee Award.

               Inadequate record and waiver arguments can really undermine an appellant’s arguments on appeal.  That is what happened in Milks v. Affirmed Technologies, LLC, Case No. B330311 (2d Dist., Div. 3 Apr. 8, 2024) (unpublished).  There, plaintiff challenged a contractual fee award after his case was dismissed following the sustaining of a demurrer without leave.  His arguments on appeal were rejected, because (1) appellant presented an inadequate record by failing to include the fee papers and the trial court’s order granting the fee motion, and (2) appellant waived new challenges made on appeal (mainly that he was not a signatory bound by the fees clause) given he only argued that the motion was untimely before the trial court.