Cases: Appeal Sanctions

Costs and 998 Expert Witness Fees: Court Of Appeal Affirms Most Of Trial Court Decision Awarding Routine Costs, Denying Expert Witness Fees, and Denying Attorney’s Fees

Cases: Appeal Sanctions, Cases: Costs, Cases: Experts, Cases: Sanctions, Cases: Section 1717, Cases: Section 998

First District, Division 5, Except for a $49 Adjustment, Tells Everyone to Go Home But For a Minor $1,000 Appellate Sanctions.      Salvio Street, LLC v. Lee, Case Nos. A122408/A123080 (1st Dist., Div. 5 July 29, 2010) (unpublished) is an interesting case, not just for the legal issues, but because it demonstrates how pragmatic appellate […]

Appeal Sanctions: Attorney Losing Discovery Sanctions Is Also Hit With Appellate Sanctions Of $23,343,75

Cases: Appeal Sanctions, Cases: Discovery

Second District, Division 8 Gives a “Double Whammy.”      In line with suggestions we have made in prior posts, appellate practice in California is a specialty. Do not get involved and do not lightly appeal abuse of discretion rulings unless you consult an appellate specialist or have practiced before the California appellate courts. The next

Appellate Sanctions: $5,000 Frivolous Appeal Sanctions Assessed Where Limitations, Res Judicata, and Mootness Considerations Were At Play

Cases: Appeal Sanctions

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

Family Law: Section 271 Sanctions Award Affirmed On Appeal Even Where Fee Recovery Encompassed Fees Not Tied To Loser’s Failure To Cooperate.

Cases: Appeal Sanctions, Cases: Family Law

  Fourth District, Division One Sustains $3,000 Award Against Husband.      In our category “Cases: Family Law Awards,” we have reviewed past decisions discussing Family Code section 271, which allows a family judge to award fees as a sanctions against a litigant or counsel who frustrates the policy of encouraging settlement or cooperation in family

Appellate Sanctions: Timely Notify The Court Of Appeal About A Settlement Or Risk Sanctions Being Awarded Against You Under CRC 8.276(a)

Cases: Appeal Sanctions

First District, Division Two Orders Appellant’s Attorney to Pay Clerk Administrator $6,000 for Failing to Notify Court of Settlement Until One Day Before Oral Argument of Appeal.      California Rules of Court, rule 8.244(a)(1),(3) requires that appellants file a notice of settlement with the appellate court, with the expectation that an abandonment or request for

Defendant Successfully Obtains Recovery Of Attorney’s Fees And Costs For Successfully Setting Aside A Default And Also Obtains Appellate Sanctions Based On Plaintiff’s Frivolous Appeal

Cases: Appeal Sanctions, Cases: Sanctions

Fifth District Reminds Appealing Litigants and Appellate Counsel That They Should Not “Bait and Switch” or Simply “Vent Their Spleen” Before the Appellate Courts.             The next case we discuss reinforces that appellate practice has different rules, with litigants needing to carefully assess whether they have some legal or factual errors of

Close Call On Appellate Sanctions–Appellant Of Adverse Arbitration Award Averts Sanctions By Raising One Marginally Plausible Argument On Appeal

Cases: Appeal Sanctions

Fifth District Finds One Argument Out of Three Contentions Was Not Frivolous.             In our July 15, 2008 post, we reviewed Patel v. Sagar, a case involving an appeal from a contractual arbitration award.  We summarized the principles from Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992) according arbitral finality to

APPELLATE COURT ASSESSES SANCTIONS, REMANDS FOR AN AWARD OF ATTORNEY’S FEES ON APPEAL, AND ORDERS LOSING APPELLATE ATTORNEYS TO PAY MONEY TO COURT CLERK FOR PROCESSING OF FRIVOLOUS APPEAL

Cases: Appeal Sanctions

First District Finds Appeal Frivolous and Assesses Sanctions Against Losing Party and Losing Attorneys As Well as Remands for Award of Appellate Attorney Fees to Winning Party.             Stressing what we have said before in prior posts (see May 22 and 28, 2008 posts), appellate law is no area for neophytes.  It

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