Stuart Kane Partners Eve Brackmann and Donald Hamman Hit Homerun on Two Related Appeals

Stuart Kane LLP is pleased to announce that partners Eve A. Brackmann and Donald J. Hamman recently won two related appeals. After Hamman and Brackmann won dismissal of the underlying matter at the pleadings stage and recovery of almost all fees and costs on behalf of their client (the defendants) in the trial court, the plaintiff appealed the merits of the dismissal, and (in a separate appeal) the fee award.

Hamman and Brackmann then successfully moved for dismissal of the merits appeal. On the fee appeal, the Fourth District Court of Appeal (Justices Thompson, Moore, and Ikola presiding) affirmed the underlying award. In its written opinion on the fee appeal, among other things, the appellate court agreed that the plaintiff was guilty of forum shopping and found that the trial court did not abuse its discretion in awarding fees to the defendants after dismissal at the pleadings stage.

Click here to read the Dismissal of Appeal Opinion.

Click here to read the Fee Appeal Opinion.

Ms. Brackmann is an experienced, winning appellate practitioner with three groundbreaking, published opinions: Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110; Havasu Lakeshore Investments, LLC v. Fleming (2013) 217 Cal.App.4th 770; and Waterwood Enterprises, LLC v. City of Long Beach (2020) 58 Cal.App.5th 955. She also litigates business disputes as lead counsel in jury and bench trials in both state and federal court, as well as private arbitrations. She has established a winning record on both the plaintiff and defense sides.

Mr. Hamman is a successful trial and appellate attorney, with extensive experience in mediation, binding and non-binding arbitrations, settling cases, and handling writ, jury and bench trials and appeals in complex business litigation, real estate litigation, employment litigation and environmental disputes. He acted as lead appellate counsel in Havasu Lakeshore Investments, LLC v. Fleming (2013) 217 Cal.App.4th 770, as well as a number of other appeals.

Click here to read about the firm’s Appellate practice.