Cases: Appeal Sanctions

Appeal Sanctions/Judgment Enforcement: $14,850 Fee Award For Failing To File Judgment Satisfaction Sustained On Appeal

Cases: Appeal Sanctions, Cases: Judgment Enforcement

  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 […]

Appeal Sanctions/Section 1717: Plaintiff Losing Alter Ego Theory Based On A Promissory Note Hit With Fee Recovery Under Reynolds Metals

Cases: Appeal Sanctions, Cases: Section 1717

  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

Appeal Sanctions: Sanctions For Frivolous Appeal Can Be Hefty

Cases: Appeal Sanctions

  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appeal seems to be going up, as demonstrated in Johnson v. Syed, Case No. B258701 (2d Dist., Div. 5 July 15, 2015) (unpublished).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

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

Cases: Appeal Sanctions

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      In Hasso v. J&J Real Estate Holdings, Case No. E054774 (4th Dist., Div. 2 Dec. 11, 2014) (unpublished), the majority of an appellate court panel imposed $19,945 in defense appellate fees against appellant’s attorney, payable to the defense, and $8,500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

Cases: Appeal Sanctions, Cases: Liens for Attorney Fees, Cases: SLAPP

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

Cases: Appeal Sanctions, Cases: Reasonableness of Fees

  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

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