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are increasing, the appellate court in NBoordhof v. Armstrong, Case No. B331078 (2d Dist., Div. 4 Nov. 14, 2024) (unpublished) determined that a frivolous appeal should result in the punished litigant paying $8,500 to the appellate […]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 (2d Dist., Div. 2 Nov. 17, 2023) (unpublished) and Czech v. Herrera, Case No. B316020 (2d Dist., Div. 2 Nov. 17, 2023) (unpublished), the appellate court in two appeals affirmed respective frivolous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 Co., Case No. A165731 (1st Dist., Div. 1 May 11, 2023) (unpublished), has two lessons, where a prevailing party did obtain an amended judgment to add unopposed
Although The 2/6 DCA Found The Appeal To Be Meritless, Lack Of Bad Faith Was Shown By Appellant’s Vigorous Advocacy Appellant won one and lost one as far as appellate sanctions were concerned in IQ Holdings v. Krablin, Case No. B307034 (2d Dist., Div. 6 Sept. 8, 2022) (unpublished). Appellant lost an appeal
Panel Also Issues Cautionary Warning For Badly Written, Nonpersuasive Appellate Briefs In The Future. The 1/2 DCA, in Shiheiber v. JPMorgan Chase Bank, N.A., Case No A160188 (1st Dist., Div. 2 July 25, 2022) (published), affirmed a $950 sanctions award against an attorney for violating local pre-trial preparatory filing rules under Code of Civil
This Was A 2-1 Opinion, With A Reduction For Sanctions Motion “Fees On Fees”; Dissent Felt That Just A Weak Appeal Did Not Warrant Sanctions. Under Federal Rules of Appellate Procedure 38, a circuit court may award “just damages and single or double costs to the appellee” if an appeal is determined to be
The Record Reflected That The Parties Agreed In Open Court To Put The Oral Settlement Agreement In Writing And That Deadlines For Payment Of Settlement Funds Would Be Triggered By Full Execution Of The Written Settlement Agreement. In Tricoast Builders v. Frederick, Case No. B307825 (2d Dist., Div. 6 October 18, 2021) (unpublished), homeowner
Defendants’ Filing Of The Writ Petition Was Wholly Without Merit And, Under The Standards Set Forth In Flaherty, Was Frivolous And Filed Solely To Cause Delay – Warranting $6,965.00 In Sanctions Pursuant To California Rules of Court, Rule 8.492. After defendants failed to provide discovery responses for over three years, the trial court granted
