Kling v. Horn CA2/7

Filed 6/8/22 Kling v. Horn CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

ANTHONY N. KLING et al., B310164

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC682318) v.

STEVEN J. HORN,

Defendant and Respondent.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, David Sotelo, Judge. Reversed. Kling Law Firm and Anthony N. Kling; Law Office of David Knieriem and David Knieriem for Plaintiffs and Appellants. Valerie F. Horn & Associates and Valerie F. Horn for Defendant and Respondent.

INTRODUCTION

This is the third appeal in long-running litigation between attorney Steven Horn and his former client, Anthony Kling (also an attorney), litigation that continues, even as we decide this appeal. Kling and three entities he is associated with—Kling Corporation, 3123 SMB LLC, and Lincoln One Corporation (the Kling Entities)—appeal from a postjudgment, post-notice-of- appeal order awarding Horn attorneys’ fees. The trial court initially entered a judgment that stated each side was to bear its fees and costs. Horn filed a motion to amend the judgment to remove that provision, in preparation for filing a motion for attorneys’ fees. But before the court ruled on Horn’s motion, Kling filed a notice of appeal from the judgment. The trial court eventually granted Horn’s motion to amend the judgment, amended the judgment to delete the provision stating each side was to bear its fees and costs, and issued an award of attorneys’ fees in favor of Horn and against Kling and the Kling Entities. Kling and the Kling Entities appeal, contending the trial court did not have jurisdiction to amend the judgment and award attorneys’ fees after Kling filed his notice of appeal. They have a point: Because the original judgment stated each side was to bear its costs and fees, the trial court did not have jurisdiction to amend the judgment while it was on appeal. Though there are exceptions to this rule, Horn does not argue any of them applies. Therefore, we reverse.