Cases: Appeal Sanctions

Appeal Sanctions, Appealability: 4/3 DCA Imposes $25,452 In Sanctions Against Counsel For Nonparty Group Of Church Congregation Members Who Appealed Trial Court’s Ruling On Their Motion For Protective Order

Cases: Appeal Sanctions, Cases: Appealability

Nonparty Group’s Motion For Protective Order Was Actually A Nonappealable Motion For Reconsideration Of A Discovery Ruling, But 4/3 DCA Treated Appeal As A Writ Petition To Stop The Harm Caused By Delaying Litigation In This Case.             In Roe 1 v. Doe 2, Case No. G057684 (4th Dist., Div. 3 June 29, 2020) […]

Appeal Sanctions, SLAPP: $21,870.09 In Appellate SLAPP Fees Affirmed Where Prevailing Defendant Obtained Dismissal Of A SLAPP Merits Appeal For Being Untimely

Cases: Appeal Sanctions, Cases: SLAPP

Appellate Court Also Sanctioned Appellant’s Attorney For Relying On Unpublished DCA Opinions.             Westreich v. Higa, Case No. B293726 (2d Dist., Div. 5 May 5, 2020) (unpublished) has two big warnings for attorneys arguing before California appellate courts:  make sure you have a reporter’s transcript in the appellate record when you are challenging the amount

Appeal Sanctions, Discovery: Discovery And Family Code Section 271 Sanctions Of $3,250 Against Father Affirmed On Appeal

Cases: Appeal Sanctions, Cases: Discovery

Also, Father Ordered To Pay Mother $2,980 For Prosecuting A Frivolous Appeal.             Father, in Rybolt v. Riley, Case No. C086056 (3d Dist. Mar. 24, 2020 (unpublished), appealed from a non-appealable vocational evaluation order and discovery/Family Code section 271 totaling $3,250 for bringing motions to compel which were denied/did not further legitimate purposes of the

Appeal Sanctions, Employment, Judgment Enforcement, Undertaking: Employer Fails In Multiple Attempts To Reduce Fee Award, CEO Is Properly Denied Fees Following Successful Alter Ego Challenge, And Attorney Sanctioned $7,765 For Meritless Challenge

Cases: Appeal Sanctions, Cases: Employment, Cases: Judgment Enforcement, Cases: Undertaking

The Fees Award Against Employer Had Been Affirmed By The Sixth District Three Years Prior, The CEO Could Not Prove Employee’s Alter Ego Claims Were Frivolous, But Employer’s Motion To Release Surety Bond So Frivolous It Warranted 6th District’s Issuance Of Sanctions On Its Own Motion.             We originally posted on Khanna v. Sonasoft

Appeal Sanctions, Arbitration: Broad Operating Agreement Fees Clause Justified $238,000 Fees/Costs Award To Arbitration Prevailing Party, Plus Fees For Winning On Appeal

Cases: Appeal Sanctions, Cases: Arbitration

Appealing Party Just Avoided Sanctions For Frivolous Appeal, But Fees On Appeal Found To Be The Appropriate Remedy.             Walters v. Boustead Securities, LLC, Case No. G056250 (4th Dist., Div. 3 July 11, 2019) (unpublished) is an interesting Fourth District, Division 3 opinion affirming a $238,000 fees/costs arbitration award in favor of a prevailing party

Appeal Sanctions: 2/4 DCA Imposes $21,366 Against Counsel Payable To Other Side And $8,500 Payable To Appellate Clerk For Frivolous Appeal

Cases: Appeal Sanctions

Appealing Nonappealable And Abuse Of Discretion Orders Led To The Result.             In Turner v. The Rule Co., Case Nos. B248667 et al. (2d Dist., Div. 4 July 10, 2019) (unpublished), an appeal was taken from several nonappealable orders and discovery sanctions/routine costs orders where abuse of discretion was the governing review standard.  The appellate

Appeal Sanctions, Arbitration: $55,764.40 Fee Award By An Arbitrator In Defective Car Case Could Not Be Reviewed On The Merits

Cases: Appeal Sanctions, Cases: Arbitration

Appeal Sanctions Was Not Imposed For Frivolous Appeal Because Respondent’s Request Was Patently Excessive.             Justice Goethals, in Housen v. Ultimate Autoline, Case No. G055878 (4th Dist., Div. 3 June 10, 2019) (unpublished), reminds litigants and practitioners that the merits of arbitrator’s decisions are by and large not reviewable and that the arbitrator has limited

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

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