Costs Have Gone Up Over The Years. The costs for filing a frivolous appeal are going up. In Schmittle v. Baldwin Park Unified School District, Case No. B282431 (2d Dist., Div. 8 June 26, 2018) (unpublished), the appellate court imposed a $31,947.50 sanctions award, payable to the respondent side, upon appellant for a frivolous […]
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 Marriage of Wintermute and Soltan, Case No. G052397 (4th Dist., Div. 3 Apr. 9, 2018) (unpublished) was a situation where ex-wife appealed a Family Code section 271 sanction of $25,000 after an earlier appellate opinion disagreed with a critical assertion of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
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
Employment—Nicolosi v. Cooper, Case No. B264459 (2d Dist., Div. 6 May 17 2017) (Unpublished)–$64,000 In Fees Just Fine In $80,933.75 Back Wages Case.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
Request By Opposing Party Was $44,744. For you readers who are charting things like this, the Second District, Division 6 was confronted with a party’s request for $44,744 in sanctions for opposing a frivolous appeal. Although the appellate court agreed the appeal was frivolous, it believed $7,500 was a sufficient sanction
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,
