Sese v. Wells Fargo Bank, N.A.

An order denying an interim award of attorney’s fees under the Homeowner’s Bill of Rights after the borrower/plaintiff was successful in obtaining issuance of a preliminary injunction to prevent foreclosure, is interlocutory and therefore non-appealable.  An order denying an interim award of attorney fees under Civ. Code 2924.12(i) after the borrower/plaintiff was successful in obtaining issuance of a preliminary injunction for alleged violation of Civ. Code 2923.6 (dual tracking) was an interlocutory, non-appealable order.  The order is not appealable under CCP 904.1(a)(6), (8), (10) or (11) because plaintiff doesn’t challenge the injunction order, hasn’t attempted to redeem the property, and the fees he seeks are not sanctions.  Monterossa v. Superior Court (2015) 237 Cal.App.4th 747 was a writ petition case and so didn’t decide the appealability of an order denying attorney fees.

California Court of Appeal, Third District (Hoch, J.); July 22, 2016 (published August 18, 2016); 2016 WL 3962248

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