Cases: Appeal Sanctions – Page 7

Appeal Sanctions: Attorney Ordered To Pay $19,945 In Appellate Defense Costs And $8,500 To Court Clerk For Frivolous Appeal

December 12, 2014

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 In Hasso v. J&J Real Estate Holdings, Case No. E054774 (4th Dist., Div. 2 Dec. 11, 2014) (unpublished), the majority of an appellate court panel imposed $19,945 in defense appellate fees against appellant’s attorney, payable to the defense, and $8,500 […]

Appeal Sanctions/Attorney Lien/SLAPP: Defendants Trying To “SLAPP” In Fee Dispute Involving Attorney Lien Impact Were Correctly Not Allowed SLAPP Relief

December 5, 2014

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

Appeal Sanctions: Singh Decision Now Published On Appeal Sanctions Payable To Opposing Side And The Court Itself

Cases: Appeal Sanctions

July 5, 2014

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 We can now report that Singh v. Lipworth, a Third District unpublished decision which we discussed in a June 19, 2014 post has now been published.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

Appealability/Appeal Sanctions: Failure To Appeal Fee Order Denial Was Untimely

Cases: Appeal Sanctions, Cases: Appealability

July 2, 2014

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 Zeppenfeld v. Reilley, Case No. A138668 (1st Dist., Div. 4 June 30, 2014) (unpublished) again reinforces a lesson we have stressed many a time—appeal an entry of an order denying a fee motion, even if a later judgment confirms that

Appeal Sanctions/Reasonableness Of Fees On Appeal: Over $91,000 In Fees On Appeal Sustained As Being Reasonable

Cases: Appeal Sanctions, Cases: Reasonableness of Fees

June 24, 2014

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appeals in ASAP Copy and Print v. Canon Business Solutions, Inc., Case No. B249588 (2d Dist., Div. 2 June 23, 2014) (unpublished), all of which arose from a copier lease dispute.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

Appeal Sanctions: Third District Sanctions Frivolous Appellant And Attorney $7,478.75 In Fees/Costs Awardable To Respondent

Cases: Appeal Sanctions

June 19, 2014

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

Appeal Sanctions: What Is The Price Of Appellate Sanctions For A Frivolous Appeal?

Cases: Appeal Sanctions

June 18, 2014

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

Appeal Sanctions/Family Law: Ex-Husband’s Appeal Of “Each Side Bears Own Fees” Order Was Unsuccessful

Cases: Appeal Sanctions, Cases: Family Law

December 2, 2013

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

Appeal Sanctions: $28,000 In Sanctions To Opposing Parties And Appellate Clerk Was Expense Tally For A Frivolous Appeal

Cases: Appeal Sanctions

November 15, 2013

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

Appeal Sanctions/Sanctions: Lower Court Sanctions Affirmed, But Appellate Court Either Denies Sanctions Or Imposes A Minimal One In The Interests Of Justice

Cases: Appeal Sanctions, Cases: Sanctions

September 9, 2013

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