Wash
Wash v. Banda-Wash
Opinion
Opinion
Smith, J.
BACKGROUND *
The parties are familiar with the facts and procedural history of this case, and most of what occurred before the November 2020 opinion is irrelevant to this appeal. We note, however, the trial court’s March 21, 2017 minute order denying with prejudice John’s request for a civil harassment restraining order and dissolving the temporary restraining order stated: “Attorney fees are RESERVED.” When John filed his notice of appeal in May 2017, the trial court still had jurisdiction to consider a subsequently filed motion for attorney fees or memorandum of costs. (See Korchemny v. Piterman (2021) 68 Cal.App.5th 1032, 1052 [trial court had jurisdiction to consider a motion for attorney fees after plaintiff filed a notice of appeal from a judgment]; Bankes v. Lucas (1992) 9 Cal.App.4th 365, 369 [filing a notice of appeal does not prevent the trial court from awarding attorney fees and costs]; see also § 916, subd. (a) [authority of trial court to proceed upon any matter embraced in the action and not affected by the judgment or order under appeal].) Despite the trial court’s continuing jurisdiction over the collateral matters of attorney fees and costs and its statement…