Among Other Things, Lambasting The Trial Judge Was Not Proper. In Estate of Kim & Weston, Case No. B281109 (2d Dist., Div. 8 Dec. 18, 2018) (unpublished), appellant relied on a voluminous appendix and 66-page opening brief with very few citations. Appellant also lambasted the trial judge in the AOB. That resulted in the […]
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 Appellant in Knudson v. Ryer, Case No. A149532 (1st Dist., Div. 5 Dec. 17, 2018) (unpublished) failed to show why RFA costs-of-proof sanctions under CCP § 2033.420 should be reversed based on deficient analysis in the appellate briefing.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
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 July 3, 2018) (unpublished), decided husband’s appeal of a fees award to his ex-wife was frivolous in nature.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
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 In Schmittle v. Baldwin Park Unified School District, Case No. B282431 (2d Dist., Div. 8 June 26, 2018) (unpublished), the appellate court imposed a $31,947.50 sanctions award, payable to the respondent side, upon appellant for a frivolous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 Marriage of Wintermute and Soltan, Case No. G052397 (4th Dist., Div. 3 Apr. 9, 2018) (unpublished) was a situation where ex-wife appealed a Family Code section 271 sanction of $25,000 after an earlier appellate opinion disagreed with a critical assertion of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Employment—Nicolosi v. Cooper, Case No. B264459 (2d Dist., Div. 6 May 17 2017) (Unpublished)–$64,000 In Fees Just Fine In $80,933.75 Back Wages Case.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.,
