Sese v. Wells Fargo Bank
Annotate this CaseAppellant Danilo Sese sought to challenge an order denying his motion for interim attorney fees under Civil Code section 2924.12 after he secured a preliminary injunction to enjoin the foreclosure sale of his residential real property. The trial court denied the motion on grounds section 2924.12, subdivision (i) did not provide for interim attorney fees. Sese argued on appeal that the order should have been reversed because section 2924.12 provided attorney fees to a borrower immediately after successfully obtaining a preliminary injunction. Respondent Wells Fargo Bank N.A. (Wells Fargo) argued the appeal should have been dismissed because the trial court’s order was interlocutory in nature and nonappealable under the one final judgment rule. After review, the Court of Appeal concluded that the trial court’s order was nonappealable because it was interlocutory in nature. Accordingly, the Court dismissed the appeal.
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