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far as appellate sanctions were concerned in IQ Holdings v. Krablin, Case No. B307034 (2d Dist., Div. 6 Sept. 8, 2022) (unpublished).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 In Tricoast Builders v. Frederick, Case No. B307825 (2d Dist., Div. 6 October 18, 2021) (unpublished), homeowner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
Attorney Fees Are Not Included As Recoverable Costs Under California Rules Of Court, Rules 8.493(b) And 8.278(d), And A Passing Reference To An Award Of Fees As Sanctions, With No Showing Of Justification For Sanctions, Does Not Qualify As A Motion For Sanctions Under Rule 8.492(a). In Harden v. Superior Court, Case No. B311738
Attorney Was Not A Party To The Judgment Collection Settlement Agreement And Defenses Asserted In An Answer Do Not Provide A Tort Of Another Damages Predicate; Appellate Sanctions Request Denied. Bush v. Cardinale, Case No. A159689 (1st Dist., Div. 4 Aug. 13, 2021) (unpublished) was a situation where a judgment creditor reaching judgments against
However, Frivolous Appeal Sanctions Denied For Failure To Show The Appeal Was Brought For An Improper Motive. In Lazo v. Keller, Case No. G058765 (4th Dist., Div. 3 July 29, 2021) (unpublished), two plaintiffs separately were ordered by the lower court to pay $4,900 in monetary discovery sanctions to defendant. Plaintiffs’ appeal was dismissed
Sisters Were Previously Found To Be “Vexatious Litigants” Under Code Civ. Proc. § 391(b), Forfeited Claims On Appeal By Failing To Raise Them In The Trial Court And Failing To Follow Appellate Procedures, And Sought To Relitigate Claims Previously Decided By The Appellate Panel. Family members were involved in disputes over their deceased mother’s
Plaintiff Did Not Appeal Trial Court’s Fees Denial, Failed To Provide Appellate Panel With Support Or Argument For §527.6(s) Award For Fees Incurred On Appeal, And Neighbor’s Meritless Appeals Did Not Rise To The Level Of Frivolity So As To Warrant Sanctions. After granting plaintiff’s request for a temporary and later permanent restraining order
