Sese v. Wells Fargo Bank CA3
In Monterossa v. Superior Court (2015) 237 Cal.App.4th 747 (Monterossa), this panel held that the “ ‘California Homeowner Bill of Rights’ ” or HBOR (Monterossa, at p. 749, fn. 1; Stats. 2012, chs. 86 & 87) authorized an award of legal fees to borrowers who obtained a preliminary injunction preventing a trustee’s sale of their residence. In the present case, after granting a preliminary injunction in 2013 to plaintiff Danilo Sese against the trustee’s sale of his residence, the trial court initially denied an award of legal fees. We concluded this was not an appealable order. (Sese v. Wells Fargo Bank, N.A. (2016) 2 Cal.App.5th 710.) After our decision in Monterossa, Sese renewed his request for legal fees. The trial court issued an order in December 2016 awarding him almost $13,000 in legal fees. Defendant Wells Fargo Bank, N.A., appeals from that order; in contrast with Sese’s prior appeal, this collateral order is appealable because it directs the payment of money
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