Also, Admissions In Appellate Brief Extension Requests Can Undermine A Claim That Fees Were Unreasonable Based On Non-complexity.
Currency Corp. v. Wertheim, LLC, Case No. B326827 (2d Dist., Div. 1 Nov. 5, 2024) (unpublished), where a substantial appellate fee award of $338,535 was sustained on appeal in favor of prevailing respondents, has some lessons for litigants and practitioners when opposing fee awards. First, make sure that the fee opposition paperwork is properly served and correctly filed—here, the opposition had an incorrect case number, it was served by express mail on the due date (one day too late), and served upon an incorrect suite for one of the moving parties’ attorneys (four days too late). Also, on the merits, be careful of statements you make in requesting appellate briefing extensions—here, the appellants’ representations that the case was complex and had a voluminous record undermined its appellate argument that the case was not complex so as to justify the work efforts of respondents on appeal.
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