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appeal seems to be going up, as demonstrated in Johnson v. Syed, Case No. B258701 (2d Dist., Div. 5 July 15, 2015) (unpublished).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 […]
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 In Hasso v. J&J Real Estate Holdings, Case No. E054774 (4th Dist., Div. 2 Dec. 11, 2014) (unpublished), the majority of an appellate court panel imposed $19,945 in defense appellate fees against appellant’s attorney, payable to the defense, and $8,500
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
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 We can now report that Singh v. Lipworth, a Third District unpublished decision which we discussed in a June 19, 2014 post has now been published.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 Zeppenfeld v. Reilley, Case No. A138668 (1st Dist., Div. 4 June 30, 2014) (unpublished) again reinforces a lesson we have stressed many a time—appeal an entry of an order denying a fee motion, even if a later judgment confirms that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appeals in ASAP Copy and Print v. Canon Business Solutions, Inc., Case No. B249588 (2d Dist., Div. 2 June 23, 2014) (unpublished), all of which arose from a copier lease dispute.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 June 18, 2014) (unpublished) provided us with the expenses which may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 Gildelatorre v. Bay Vista Methodist Heights, Case No. D063616 (4th Dist., Div. 1 June 17, 2014) (unpublished) is a situation where an appellate court did not like the cagey emails or post-trial tactics of an appealing party where a judgment was basically satisfied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
