Gassner v. Stasa
A cost award entered after entry of voluntary dismissal without prejudice is appealable as a final judgment in its own right. Read More
During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
A cost award entered after entry of voluntary dismissal without prejudice is appealable as a final judgment in its own right. Read More
The 30-day deadline for an employer to petition for administrative mandamus runs from entry of the OSHA Appeals Board’s order denying reconsideration, not from the employer’s receipt of the order. Read More
Substantial evidence supported finding by the university that a student had cheated on a biology exam, and since this determination was moreover made by a fair procedure, the trial court incorrectly granted the student’s administrative mandamus petition. Read More
The petitioner for a writ of administrative mandamus was correctly charged half the cost of the defendant agency’s preparation of the administrative record since petitioner had unreasonably delayed in preparing the record itself. Read More
A premature post-trial motion (in this case, a Rule 59 motion to alter or amend the judgment) neither shortens nor extends the time for appeal. Read More
By moving to have the judge decide an equitable claim, plaintiff waived error in an allegedly premature mistrial based on a hung jury. Read More
Different deadlines apply to seeking double costs and attorney fees for a frivolous appeal under Fed. R. App. P. 38; a bill of costs must be filed within 14 days after the opinion is filed, but attorney fees may be sought within 14 days after the time for seeking rehearing expires. Read More
Superior court's order remanding this case to the civil service commission for its entry of additional findings and conclusions to support the discipline it imposed on a county employee was not considered “final” for appellate purposes. Read More
A judgment resolving all issues in one consolidated case is final and appealable even though issues in other consolidated cases remain unresolved. Read More
The trial court properly granted defendant landlord's Anti-SLAPP motion to strike plaintiff's claim that the landlord violated Santa Monica's anti-harassment ordinance by filing an unlawful detainer complaint against the plaintiff which supposedly lacked sufficient factual and legal support. Read More