Appeal Sanctions Denied Because No Declaration Filed to Support Fee Request.
Preserving claims for trial court error depends on raising the argument below and providing an adequate record to the appellate court. Violation of either principle likely means an appeal will be unsuccessful. Likewise, with respect to appeal sanctions, one must follow the California Rules of Court, filing a separate motion and declaration supporting the requested sanctions in a timely and proper manner.
Transgressions by both sides in Serna v. Polanco, Case No G046323 (4th Dist., Div. 3 Oct. 24, 2012) (unpublished) [with similar appellate causes involving Ms. Polanco not discussed because they are largely duplicative in facts and results] meant that a request for fees and appellate sanctions were rejected.
Defendant appealed an adverse restraining order against her and also requested an an award of attorney’s fees. Both sides requested appellate sanctions under CRC, rule 8.276.
Both sides’ requests were denied.
Although defendant’s appeal on the merits of the restraining order was moot because the order expired by its terms, the attorney’s fees order was certainly in play as far as whether positive money should flow to her. (Building a Better Redondo, Inc. v. City of Redondo Beach, 203 Cal.App.4th 852, 866 (2012).) However, the fee request was flawed because defendant failed to provide an adequate appellate record–nothing indicated the request was even made to the trial court and she cited no authority for fee entitlement.
The dueling appellate sanctions requests by both sides were rejected because neither filed a declaration with the sanctions motions supporting the monetary amounts requested, a violation of CRC, rule 8.276(b)(1).
The opinion was written by Justice Ikola on behalf of a unanimous panel.