Plaintiffs’ Lead Counsel Sanctioned $13,000 For Bringing A Frivolous Appeal, Payable To The Appellate Court. In G.W. v. Coronado Unified School District, Case No. D083991 (4th Dist., Div. 1 Sept. 29, 2025) (unpublished), plaintiffs lost a SLAPP motion which eviscerated their Complaint. The defense then was awarded $68,238.62 in mandatory SLAPP fees, the full request, […]
Appeal Court Had Authority To Sanction For This Behavior. We now have the first California published appellate opinion disclosing the perils of using AI for preparing briefs and the consequences when fabricated authority is cited to the appellate court. In Noland v. Land of the Free, L.P., Case No. B331918 (2d Dist., Div. 3 Sept.
Appellant’s Counsel Assessed With Frivolous Appeal Sanctions Of $30,000 Morales v. City and County of San Francisco, Case No. A170154 (1st Dist., Div. 3 Sept. 4, 2025) (published) highlights a lesson for all practitioners: sometimes it is better not to appeal non-appealable orders and not to challenge discovery rulings, which are by and large discretionary
Sanctions Award Under Family Code Section 271 Was Defective Because Prevailing Party Failed To Give Notice Of Seeking This Relief. In Marriage of Terry, Case No. B334907 (2d Dist., Div. 6 Apr. 21, 2025) (unpublished), a prevailing party on appeal was awarded three components by the lower court: (1) routine costs; (2) $23,587.20 in
Also, Appeal Sanctions Were Warranted For A Frivolous Appeal, But Matter Remanded To Trial Judge To Determine Appropriate Amount Given Conclusory Support For The Fee Request. In Plantation at Hayward I, LLC v. Plantation at Hayward I, LLC (Catanzarite), Case No. G062909 (4th Dist., Div. 3 Feb. 10, 2025) (published), plaintiff’s attorney losing in
Lower Court Will Determine Amount To Prevailing SLAPP Litigant On Appeal. Just to show you how appeal sanctions are increasing, the appellate court in NBoordhof v. Armstrong, Case No. B331078 (2d Dist., Div. 4 Nov. 14, 2024) (unpublished) determined that a frivolous appeal should result in the punished litigant paying $8,500 to the appellate
Trial Court Asked For Discussion On Five Issues And Interactive Oral Argument, Which Negated That The Motion Was Frivolous. In Gazal v. Echeverry, Case No. B327668 (2d Dist., Div. 8 Mar. 29, 2024) (published), defendants lost a SLAPP motion and then appealed, with the appeal being unsuccessful. Plaintiff filed a motion to recover $106,730
Real Rubs Were Attacks On Lower Court and Appellate Justices. In Schwartzman v. South Coast Tax Resolution, Inc., Case No. B314770 et al. (2d Dist., Div. 2 Nov. 17, 2023) (unpublished) and Czech v. Herrera, Case No. B316020 (2d Dist., Div. 2 Nov. 17, 2023) (unpublished), the appellate court in two appeals affirmed respective frivolous
Opinion Has A Stark Reminder For Appellants To Not Appeal Discretionary Rulings Where They Did Not Develop A Meritorious Record For Reversal. Champlin/GEI Wind Holdings, LLC v. Avery, Case No. B319563 (2d Dist., Div. 6 June 2, 2023) (published) is a stark reminder for appellate attorneys (or trial attorneys appealing for clients) to be
However, Appeal Sanctions Were Denied Because They Were Improperly Sought In Respondent’s Brief, Rather Than Through A Separate Motion. The next case, Black v. Fireman’s Fund Ins. Co., Case No. A165731 (1st Dist., Div. 1 May 11, 2023) (unpublished), has two lessons, where a prevailing party did obtain an amended judgment to add unopposed
