Appeal Labeled “Insulting” by Appellate Court.
In Kempton v. Prudential California Realty, Case No. B2311633 (2d Dist., Div. 2 Nov. 16, 2011) (unpublished), appellant appealed a costs award but made a blatantly false argument to the court, namely, that the trial court did not have a costs memorandum before it in ruling on a motion to tax costs. The appellate court found the appeal “insulting” and, on its own motion, remanded for frivolous sanctions to be determined in favor of respondent. Also, the Court of Appeal imposed $2,000 in sanctions payable to its own clerk for the taxpayer burden of having to process the frivolous appeal. Ouch!