Second District, Division 8 Assesses Sanctions on Appeal.
“It is clear that appellant feels strongly that he has been aggrieved and that the passage of time has not weakened that conviction. While one can sympathize, on a human level, with such a feeling, it is nevertheless true that disappointed expectations, no matter how deeply felt, are not a license to engage in repeated and blatantly meritless litigation. In this case, [respondent], not to speak of the judicial system, has had to bear the costs of litigation, including this appeal, which is bereft of even a colorable appearance of legitimacy.”
This passage from Estate of Pitts – James St. Julian v. Jewish Family Service of Los Angeles, Case No. B195805 (2d Dist., Div. 8 Mar. 13, 2009) (unpublished) set up what was to follow (namely, sanctions) and again counsels that litigants consult attorneys with expertise in appellate matters before seriously pursuing appeals of adverse determinations.
Appellant brought an appeal on matters that were time barred,
resolved by past rulings (under res judicata principles), or were moot based on the death of a personal representative seven years earlier. The appellate panel found the appeal to be frivolous, awarding sanctions of $5,000 jointly and severally against appellant and his counsel.
St. Julian