Cases: Appeal Sanctions

Appeal Sanctions, Arbitration, Sanctions: $37,000 In CCP § 128.7 Sanctions Affirmed On Appeal For Attorney’s Refusal To Withdraw A Frivolous Opposition To An Arbitration Motion To Confirm An Award

Cases: Appeal Sanctions, Cases: Arbitration, Cases: Sanctions

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 […]

Appeal Sanctions: $8,500 To Appellate Clerk Was Appeal Sanctions

Cases: Appeal Sanctions

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are increasing, the appellate court in NBoordhof v. Armstrong, Case No. B331078 (2d Dist., Div. 4 Nov. 14, 2024) (unpublished) determined that a frivolous appeal should result in the punished litigant paying $8,500 to the appellate

Appeal Sanctions: SLAPP Denial Appeal Was Not Frivolous

Cases: Appeal Sanctions

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

Appeal Sanctions: Appellate Sanctions Imposed In Two Cases Where Interlocutory Appeals Were Involved And A Failure To Share The Appellate Record

Cases: Appeal Sanctions

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 (2d Dist., Div. 2 Nov. 17, 2023) (unpublished) and Czech v. Herrera, Case No. B316020 (2d Dist., Div. 2 Nov. 17, 2023) (unpublished), the appellate court in two appeals affirmed respective frivolous

Appeal Sanctions: $10,000 In Frivolous Appeal Sanctions Awarded To Respondent And $5,000 In Separate Frivolous Appeal Sanctions Awarded To Appellate Clerk, All Against Appellant

Cases: Appeal Sanctions

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

Appeal Sanctions, Costs: Prevailing Party Was Entitled To An Amended Judgment With Costs Requests Included Because The Other Side Did Not File Any Motion To Strike/Tax Costs

Cases: Appeal Sanctions, Cases: Costs

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

Appeal Sanctions: Monetary Sanctions For Corrected Appellant’s Appendix Affirmed On Appeal, But Appellant Dodges Frivolous Appeal Sanctions

Cases: Appeal Sanctions

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

Appeal Sanctions, Sanctions: $950 Sanctions For Violating Pre-Trial Preparatory Local Rules Affirmed On Appeal

Cases: Appeal Sanctions, Cases: Sanctions

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

Appeal Sanctions: Unsuccessful Patent Infringement Plaintiff, Losing Summary Judgment Motion Badly, And Its Counsel Are Jointly And Severally Assessed With Frivolous Appeal Sanctions Of $107,748.27

Cases: Appeal Sanctions

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

Appeal Sanctions, Sanctions, Settlement: No Abuse Of Discretion In Trial Court’s Order Sanctioning Plaintiffs $10,000 For Failure To Execute Settlement Agreement

Cases: Appeal Sanctions, Cases: Sanctions, Cases: Settlement

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

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