Cases: Appeal Sanctions

Appeal Sanctions, Fee Clause Interpretation, Section 1717: Absence Of Appropriate Fees Clause Doomed Prevailing Defendants’ Request For $621,328.34 In Attorney’s Fees

Cases: Appeal Sanctions, Cases: Fee Clause Interpretation, Cases: Section 1717

However, Plaintiffs/Appellants And Their Appellate Counsel Sanctioned $44,654.64 For Frivolous Appeal.             In J.B.B. Investment Partners Ltd. v. Fair, Case Nos. A152877/A153698 (1st Dist., Div. 2 June 4, 2019) (unpublished), plaintiffs prevailed on a breach of contract count through a summary adjudication motion based on defendants’ breach of a settlement agreement and a lot of […]

Appeals Sanctions, SLAPP: After Affirming SLAPP Denial, Appellate Court Granted Frivolous Appeal Sanctions To Prevailing SLAPP Litigant As Well As Costs To Clerk For Working On The Appeal

Cases: Appeal Sanctions, Cases: SLAPP

Sanctions Award Mooted Any Need For Trial Court To Consider Appellate Fees For The Frivolous SLAPP Motion.             Workman v. Colichman, Case No. B285945 (2d Dist., Div. 4 April 2, 2019) (published) (posted April 3, 2019) is an interesting study in how an appellate court will attempt to avoid remand proceedings where a result is

Appeal Sanctions, Requests For Admission: Litigant’s Failure To Show Why Costs-Of-Proof Sanctions Were Erroneous Drew Appeal Sanctions Of $32,960.70

Cases: Appeal Sanctions, Cases: Requests for Admission

We See A Growing Trend Of Appellate Sanctions In Recent Cases.             Appellant in Knudson v. Ryer, Case No. A149532 (1st Dist., Div. 5 Dec. 17, 2018) (unpublished) failed to show why RFA costs-of-proof sanctions under CCP § 2033.420 should be reversed based on deficient analysis in the appellate briefing. That led the DCA to

Appeal Sanctions: Third District Sanctions Appellant’s Attorney $10,000 Out Of Requested $22,550 In Fees And $6,000 To Appellate Clerk For Frivolous Appeal

Cases: Appeal Sanctions

Attorney Has Professional Obligation Not To Pursue A Frivolous Appeal.             The Third District, in Marriage of Daniliuc, Case No. C084293 (3d Dist. July 3, 2018) (unpublished), decided husband’s appeal of a fees award to his ex-wife was frivolous in nature. It decided that appellant’s husband should pay wife $10,000 out of a requested $22,550

Appeal Sanctions/Family Law:  $25,000 Family Code Section 271 Sanction Affirmed On Appeal

Cases: Appeal Sanctions, Cases: Family Law

Appeal By Ex-Wife Found Frivolous, Which Carried $10,000 More In Sanctions.             Marriage of Wintermute and Soltan, Case No. G052397 (4th Dist., Div. 3 Apr. 9, 2018) (unpublished) was a situation where ex-wife appealed a Family Code section 271 sanction of $25,000 after an earlier appellate opinion disagreed with a critical assertion of ex-wife that

Appeal Sanctions/Deadlines:  Ninth Circuit Decides That Appeal Sanctions For Frivolous Appeal Under FRAP 38 Must Be Filed Under Time Limits For Filing Request For Appellate Attorney’s Fees Under Ninth Circuit Rule 39-1.6(a)

Cases: Appeal Sanctions, Cases: Deadlines

With Respect To Double Costs For Frivolous Appeal, No Entitlement Unless Timely Costs Bill Filed.             In In re Westwood Plaza North (Erde v. Bodnar, et al.), No. 17-55655 (9th Cir. Apr. 9, 2018) (per curiam; published), the Ninth Circuit adopted a “bright line” rule for filing an appeal sanctions request for attorney’s fees under

Appeal Sanctions/Employment/Indemnity:  Intermediate Appellate Courts Confront Hodgepodge Of Issues

Cases: Appeal Sanctions, Cases: Employment, Cases: Indemnity

  Employment—Nicolosi v. Cooper, Case No. B264459 (2d Dist., Div. 6 May 17 2017) (Unpublished)–$64,000 In Fees Just Fine In $80,933.75 Back Wages Case.               This one is not hard to fathom.  Employee obtained $80,933.75 in back wages and $64,000 in attorney’s fees (out of a requested $130,000).  Employee appealed, arguing not enough was

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