Saturday, October 8, 2016

She'll Have to Wait Too.

Sese v. Wells Fargo Bank, No. C074663 (D3 Aug 18, 2016)

A recently enacted statute addressing mortgage litigation permits the award of attorneys’ fees to a prevailing borrower. Te Homeowner here won a PI, and claims that she was entitled to an immediate interim fee award. The trial court denied the request and the Homeowner took an interlocutory appeal. But regardless of whether the Homeowner was right about the statute’s authorizing awards of interim fees, nothing in the Code makes the denial of such a request immediately appealable. Although Homeowner argued that the appellate jurisdiction statute—Code of Civil Procedure § 904.1—makes various kinds non-final orders immediately appealable, the order here isn’t one of them. 

Appeal dismissed.

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