Silver

Silver v. Pacific American Fish Co.

Good Law
118 Cal. Rptr. 3d 581·190 Cal. App. 4th 688·2010 Cal. App. LEXIS 2014
Court of Appeal of CaliforniaNovember 30, 2010No. B214450California1,933 words

Opinion

Lead Opinion

Mosk, J.

*690 Opinion

INTRODUCTION

Michael Silver (Silver) filed a cross-complaint against Pacific American Fish Co., Inc., Paul Huh, and Peter Huh (collectively, Pacific) alleging claims arising out of an asset purchase agreement and a related employment agreement. Pacific responded by asserting, inter alia, lack of standing and judicial estoppel, each such defense based on Silver’s prior bankruptcy proceeding. The trial court bifurcated the trial on the standing and estoppel defenses and ruled in Pacific’s favor. Silver appeals from the adverse judgment on his cross-complaint.

A. Award of Attorney Fees

In the published portion of the opinion, we hold that Silver’s purported notice of appeal from the postjudgment order awarding Pacific attorney fees is untimely, and that his notice of appeal from the judgment does not encompass the separately appealable postjudgment order awarding attorney fees. Therefore, we do not have jurisdiction over Silver’s challenge to the order awarding attorney fees to Pacific.

B. Other Contentions 1 *

FACTUAL AND PROCEDURAL BACKGROUND

A., B. *

C. The Award of Attorney Fees to Pacific

On February 3, 2009, Pacific filed a motion for attorney fees, and…

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