Appealability, Estoppel, Fee Clause Interpretation: Prevailing Party In Appellate Writ Proceeding Was Entitled To Small Routine Costs, But Not Attorney’s Fees

Appeal Costs Order Was Appealable, But There Was No Fee Entitlement Basis—Estoppel Argument Was Rejected.

            In Kaur v. Pabla, Case No. F086273 (5^th Dist. May 14, 2024) (unpublished), plaintiffs obtained an appellate writ mandate order and moved for appellate costs, both routine expenses and attorney’s fees.  In the end, the routine cost of $775 for the appellate filing fee was granted, but the request for attorney’s fees of $31,680 was denied by both the trial and appellate courts.

            The main problem for plaintiffs was that they could not show any fee entitlement basis.  They argued that prayer for fees by the other side created an estoppel, but the majority approach on this issue was against them, citing Blickman Turkus, 162 Cal.App.4^th at 898.   Because the defendants were not parties to the documents with fee clauses (some of which were forged or non-existent), there was no fee entitlement for purposes of allowing plaintiffs to recover fees.

            The interesting aspect of this case was on appealability.  The issue is whether an appellate costs order is appealable or only interlocutory in nature.  In a scholarly discussion noting a split in authority, the Fifth District sided with the majority view that the order was appealable.