Mid-Wilshire Property v. Dr. Leevil CA4/3

California Court of Appeal Jul 20, 2022 No. G059899Unpublished

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Holding. The court granted the parties' joint motion for summary reversal of a postjudgment attorney fee order, finding that the reversal of the underlying judgment necessitated the reversal of the fee award.

Issues

Whether a postjudgment order awarding attorney fees must be reversed following the reversal of the underlying judgment.
Whether the requirements of Code of Civil Procedure section 128, subdivision (a)(8) regarding stipulated reversals apply to postjudgment orders.

Disposition. Reversed and remanded.

Quotations verified verbatim against the opinion

“The parties are correct that reversal of the order here is inevitable in light of the reversal of the judgment.”

“It is hard to imagine how “public trust” in the courts could be eroded by facilitating the prompt resolution of the inevitable reversal of this order.”

“The December 11, 2020, order awarding attorney fees to respondent is reversed.”

Filed 7/20/22 Mid-Wilshire Property v. Dr. Leevil CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

MID-WILSHIRE PROPERTY, L.P., et al.,

Plaintiffs and Appellants,

v. G059899

DR. LEEVIL, LLC, (Super. Ct. No. 30-2015-00801555)

Defendant and Respondent. OPINION

Appeal from an order of the Superior Court of Orange County, Ronald L. Bauer, Judge. Reversed and remanded. Enenstein Pham & Glass and Teri Thuy Pham for Plaintiffs and Appellants. Law Offices of Ronald Richards and Associates and Ronald Richards; Law Office of Geoffrey Long and Geoffrey S. Long for Defendant and Respondent.

* * *

* THE COURT:

This dispute arises out of a foreclosure sale of commercial property. The

procedural and factual history is set forth fully in this court’s recent related opinion

reversing the judgment. (Mid-Wilshire Health Care Center v. Dr. Leevil, LLC (July 15,

2022, G059097) [nonpub. opn.].)

The instant appeal is from the trial court’s award of $476,353.44 in attorney

fees to respondent as the prevailing party. Appellants filed a timely notice of appeal from

the court’s order. (Code Civ. Proc., § 904.1, subd. (a)(2) [postjudgment order is

appealable].) No briefs have yet been filed in this appeal.

On June 9, 2022, the parties filed a joint stipulation and request for reversal

Mid-Wilshire Property v. Dr. Leevil CA4/3

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

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DISPOSITION

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