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 We can now report that Singh v. Lipworth, a Third District unpublished decision which we discussed in a June 19, 2014 post has now been published.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 Zeppenfeld v. Reilley, Case No. A138668 (1st Dist., Div. 4 June 30, 2014) (unpublished) again reinforces a lesson we have stressed many a time—appeal an entry of an order denying a fee motion, even if a later judgment confirms that
However, Appeal Sanctions Not Imposed Against Appellants’ Attorney. We can discern that the Second District, Division 2 is tired of the appeals in ASAP Copy and Print v. Canon Business Solutions, Inc., Case No. B249588 (2d Dist., Div. 2 June 23, 2014) (unpublished), all of which arose from a copier lease dispute. This
Also, Appellant and Attorney Had to Pay $7,500 to Clerk of the Court For Frivolous Appeal. In somewhat of a companion post to several cases we have looked at recently, the Third District in Singh v. Lipworth, Case No. C073177 (3d Dist. June 18, 2014) (unpublished) provided us with the expenses which may
Side Defending Against Frivolous Appeal Is Awarded $25,000. Gildelatorre v. Bay Vista Methodist Heights, Case No. D063616 (4th Dist., Div. 1 June 17, 2014) (unpublished) is a situation where an appellate court did not like the cagey emails or post-trial tactics of an appealing party where a judgment was basically satisfied along the
Husband’s Appeal Was Frivolous, With Lower Court To Determine Fees On Remand. Marriage of S., Case No. G047517 (4th Dist., Div. 3 Nov. 26, 2013) (unpublished) is a case where an ex-husband unsuccessfully appealed a family judge order that each side bears his/her own fees/costs. The record certainly supported the denial on a
If you are tracking the costs of a frivolous appeal, the recent opinion in Estate of Schooler, Case No. D062217 (4th Dist., Div. 1 Nov. 15, 2013) (unpublished) might help you. There, the reviewing court imposed these sanctions for a frivolous appeal: (1) $10,725 in favor of one set of respondents; (2) $8,760
Two Appeals Demonstrate How Overall Equities Factor Into Appellate Sanctions Decisionmaking Process. Here are two interesting appeals by a sanctioned client and attorney from lower court decisions, with appellate sanctions being sought by the respondents on appeal. The results are interesting and decided by Acting Presiding Justice Bedsworth on behalf of identical 3-0
City Ignored or Misrepresented Controlling Authorities on Appeal. In City of Santa Rosa v. Villages at Wild Oak Assn., Case No. A134107 (lst Dist., Div. 4 Aug. 28, 2013) (unpublished), City appealed the denial of its SLAPP motion. Bad move. In its moving papers below, City ignored or misrepresented controlling authorities. The appellate
$20.055 SLAPP Fee/Costs Recovery Affirmed, Plus Appellants Get Hit With Appellate Sanctions Of Over $61,200 For Bringing Frivolous Appeal This next case reminds us that you need to give up after you or your client is on a losing string, especially once a couple of appeals tend to establish an adverse trend. Appealing
