Range Is $6,000 For Non-Complex Appeal To $8,000 For General Processing Costs Of Appeal Leading To An Opinion. Above: “Print shows a lawyer taking papers that state ‘Fake Lawsuit for Damages’ from a bag labeled ‘A Shyster’ in a courtroom; as he turns toward the bench, he sees the judge point to a […]
Another $56,311 In Appellate Sanctions Assessed, Some In Favor Of Opposite Side And Some To the Appellate Court Itself. Code of Civil Procedure section 128.7 does allow sanctions for frivolous pleadings and other courses of conduct in litigation, including extension to sanctions during appellate proceedings. Bucur v. Ahmad, Case No. D068689 (4th Dist.,
Respondents Were Able To Supplement Lack Of Reporter’s Transcript Of Hearing Through CCP § 909; Appeal Sanctions Request By Respondents Denied. Respondents judgment debtors were awarded $14,850 in fees for their opponents’ failure to file a judgment satisfaction, with there being a fee entitlement basis through a mandatory fee-shifting statute for such a
Appellate Court Also Assessed $9,000 Against Appellant For Frivolous Appeal. Plaintiff sued to collect on a note with a fees clause, alleging that an individual defendant was the alter ego of the entity obligor. However, plaintiff’s case was dismissed for failure to prosecute it. The lower court then awarded fees of $125,000 out
Sanctions Assessed Under Fed. R. App. P. 38 and 28 U.S.C. § 1927. The Ninth Circuit, in Blixseth v. Yellowstone Mountain Club, LLC, No. 12-35986 (9th Cir. Aug. 4, 2015) (published), did not take kindly to the pursuit of a frivolous appeal of a denial of a motion to disqualify a bankruptcy judge,
Second District, Division 5 Issues $53,153.44 Sanctions Against Losing Appellant. The price for a frivolous appeal seems to be going up, as demonstrated in Johnson v. Syed, Case No. B258701 (2d Dist., Div. 5 July 15, 2015) (unpublished). A losing appellant in that cause was ordered to pay $53,153.44 in fees incurred by
Dissenting Justice Did Not Think Sanctions Were Appropriate Based on Inadequate Appellate Record. In Hasso v. J&J Real Estate Holdings, Case No. E054774 (4th Dist., Div. 2 Dec. 11, 2014) (unpublished), the majority of an appellate court panel imposed $19,945 in defense appellate fees against appellant’s attorney, payable to the defense, and $8,500
However, Winning Plaintiff Attorney Negotiating Personal Injury Settlement Not Entitled to SLAPP Fee-Shifting Fees or Frivolous Appeal Sanctions. Well, we have an appellate court decision saying fees disputes do not rise to constitutional protected activity under the SLAPP statute. We are not offended, because these usually are more in the nature of private
Earlier June 2014 Opinion Now Published. We can now report that Singh v. Lipworth, a Third District unpublished decision which we discussed in a June 19, 2014 post has now been published. It discusses the range of appeal sanctions which can be awarded to an opposing party as well as the appellate court for
Court of Appeal Did Not Impose Sanctions, Apparently Finding Further Appeal Fees/Costs Might Punish Enough. Zeppenfeld v. Reilley, Case No. A138668 (1st Dist., Div. 4 June 30, 2014) (unpublished) again reinforces a lesson we have stressed many a time—appeal an entry of an order denying a fee motion, even if a later judgment confirms that
