Cases: Appeal Sanctions

Appeal Sanctions, Judgment Enforcement, Tort Of Another: Judgment Creditor Denied Contractual, Statutory, Or Tort Fees Where Thrust Of Dispute Involved Claim Under A Separate Contract Not Involving Judgment Debtors And Having No Contractual Fees Clause

Cases: Appeal Sanctions, Cases: Judgment Enforcement, Cases: Tort of Another

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              Bush v. Cardinale, Case No. A159689 (1st Dist., Div. 4 Aug. 13, 2021) (unpublished) was a situation where a judgment creditor reaching judgments against […]

Appealability, Appeal Sanctions, Discovery, Sanctions: $4,900 In Monetary Discovery Sanctions Affirmed

Cases: Appeal Sanctions, Cases: Appealability, Cases: Discovery, Cases: Sanctions

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             In Lazo v. Keller, Case No. G058765 (4th Dist., Div. 3 July 29, 2021) (unpublished), two plaintiffs separately were ordered by the lower court to pay $4,900 in monetary discovery sanctions to defendant.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

Appeal Sanctions, Probate: 4/1 DCA Grants Brothers’ Request For $25,087.91 In Appeal Sanctions Against Sisters And Orders Sisters To Pay Additional $8,500 Sanction To The Clerk Of The Court

Cases: Appeal Sanctions, Cases: Probate

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

Appeal Sanctions, Special Fee Shifting Statutes: Plaintiff Obtaining Restraining Order Against Neighbor And Successfully Defeating Neighbor’s Appeals Was Denied Her §527.6(s) Request For Trial And Appellate Fees, And For Appeal Sanctions

Cases: Appeal Sanctions, Cases: Special Fee Shifting Statutes

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

Appeal Sanctions: Plaintiff Escapes Sanctions For Filing A Frivolous Appeal Of Judgment Entered In Defendant’s Favor After Having Filed Three Previous Unsuccessful Lawsuits Against Same Defendant Alleging Violation Of The Same Primary Right

Cases: Appeal Sanctions

Although No Sanctions Were Imposed, The 2/6 DCA Did Not Mince Words In Warning Plaintiff That Further Attempts To Litigate The Same Subject Matter Will Result In Sanctions.             Plaintiff filed four lawsuits against defendant seeking to vindicate her primary right to ownership interest in her home which had been foreclosed upon and sold at

Appeal Sanctions, Private Attorney General: 4/1 DCA Denies Requests For Appeal Sanctions And Private Attorney General Fees To Derivative Action Plaintiffs That Were Successful In Proving Former President/CEO’s Breach Of Fiduciary Duty

Cases: Appeal Sanctions, Cases: Private Attorney General (CCP 1021.5)

Although Unsuccessful, Former President/CEO’s Arguments On Appeal Were Not Objectively Without Merit So As To Rise To The Level Of Frivolity Justifying Sanctions, And Plaintiffs Forfeited Their Claim To § 1021.5 Private Attorney General Fees By Not Making It Before The Trial Court.             In A&B Market Plus, Inc. v. Arabo, Case No. D073850

Appeal Sanctions, Civil Rights: 2/5 DCA Imposes Sanctions Against County Of Los Angeles For Frivolous Appeal Of Trial Court’s FEHA Fee Denial Based On Finding That Former Employee Plaintiff’s Claims Were Not Frivolous, Vexatious Or Unreasonable

Cases: Appeal Sanctions, Cases: Civil Rights

Although The 2/5 DCA Initially Considered Imposing $8,500 Against County, It Ultimately Reduced The Appeal Sanctions To $900 Based On Contrition Shown By County’s Counsel.             In Sepah v. County of L.A. Dept. of Mental Health, Case No. B297642 (2d Dist., Div. 5 March 25, 2021) (unpublished), former employee sued the County of Los Angeles,

Appeal Sanctions, Appealability: Plaintiff’s Appeal Of Trial Court’s Order Vacating A Default Against Defendant Dismissed, But Defendant’s Request For Appeal Sanctions Of $5,530 For Frivolous Appeal Denied

Cases: Appeal Sanctions, Cases: Appealability

Self-Represented Plaintiff’s Appeal Of A Nonappealable Order Did Not Rise To The Strict Standard For Imposing Sanctions             In Barker v. Di Lando, Case No. A159556 (1st Dist., Div. 2 November 23, 2020) (unpublished), the 1/2 DCA dismissed an appeal filed by a self-represented plaintiff seeking reversal of the trial court’s order vacating default

Appeal Sanctions, SLAPP: In Pro Per Defendants’ SLAPP Motion Was Frivolous, Entitling Plaintiff To $9,900 In Attorney’s Fees

Cases: Appeal Sanctions, Cases: SLAPP

Frivolous Appeal Sanctions Denied, But Plaintiff Was Entitled To Appellate Fees For Prevailing On The SLAPP Denial.             Sometimes, there is more than one way to “skin a cat” as the proverbial saying goes.  That is what happened in Martin v. Smith, Case No. A157129 (1st Dist., Div. 5 Aug. 26, 2020) (unpublished).             There,

Scroll to Top