Cases: Appeal Sanctions

Appeal Sanctions: Losing Appellant/Appellant’s Counsel Ordered To Pay Respondent’s Appeal Expenses And Attorney Hit With $8,500 Sanctions Payable To Appellate Court Clerk

Cases: Appeal Sanctions

  Civility Is Also Stressed in Decision.      Wong v. Genser, Case No. A133837 (1st Dist., Div. 5 Nov. 30, 2012) (unpublished) is not only a lesson in tenacity, but also shows how an appealing party must be candid with the appellate tribunal–under penalty of harsh appellate sanctions. Also, the decision has some important words […]

Appealability/Appeal Sanctions: Failure To Provide Adequate Record Doomed Challenge That Fees Should Have Been Awarded

Cases: Appeal Sanctions, Cases: Appealability

  Appeal Sanctions Denied Because No Declaration Filed to Support Fee Request.      Preserving claims for trial court error depends on raising the argument below and providing an adequate record to the appellate court. Violation of either principle likely means an appeal will be unsuccessful. Likewise, with respect to appeal sanctions, one must follow the

Appeal Sanctions/Deadlines: Second District, Division 6 Reminds Us Of Procedural Nuances On The Subject Of Appeal Sanctions And Seeking Attorney’s Fees On Appeal

Cases: Appeal Sanctions, Cases: Deadlines

  Cal. Rules of Court Do Contain the Proper Procedures in These Areas.      Justice Yegan in Sandler v. San Wall Properties, Case No. B234643 (2d Dist., Div. 6 July 31, 2012) (unpublished) does remind us of some procedural nuances on two subjects: (1) appeal sanctions; and (2) attorney’s fees on appeal.      There, winning

Appeal Sanctions: Don’t Mess Around On Appeal–Otherwise, Pay A Lot Of Fees May Result On Remand And Attorneys Maybe Get Disciplined

Cases: Appeal Sanctions

  Appellate Courts Are Not Messing Around With Frivolous Appeals.      Cowabunga, appellate (surf) fans. This next one is bound to be quoted on the topic of frivolous appeals. Here are the beginning lines: “Some appeals are filed to delay the inevitable. This is such an appeal. It is frivolous and was ‘dead on arrival’

Appeal Sanctions/Family Law: $552,153.28 Fee Award Under Family Code Section 271 Affirmed Based On Substantial Evidence In Sixth District Published Decision

Cases: Appeal Sanctions, Cases: Family Law

  Appellate Frivolous Sanctions Also Awarded Against Appellant/Her Counsel.      Marriage of Wahl and Perkins, Case No. H035712 (6th Dist. Feb. 2, 2012) (certified for publication) is a situation where an ex-wife was ordered to pay $552,153.28 as a fee “sanctions” to ex-husband under Family Code section 271. (For any newbees or anyone who might

Allocation/Appellate Sanctions/Special Fee Shifting Statute: Fourth District, Division 3 Sanctions Plaintiffs’ Attorneys For CRC Appeals Violations And Losing Derivative Plaintiffs Are Hit With Substantial Fee Awards Under Civil Code Section 1717

Cases: Allocation, Cases: Appeal Sanctions, Cases: Special Fee Shifting Statutes

  Case #1: Appellate Sanctions Are Imposed.      In Alexandros v. Cole, Case No. G043715 (4th Dist., Div. 3 Dec. 30, 2011) (unpublished), plaintiffs lost a minority shareholder breach-of-fiduciary duty suit against various defendants and then lost their appeal. However, the appellate court also awarded $10,000 (out of a requested $30,000) in sanctions to defendants

Appellate Sanctions/Civility: $10,000 Sanctions Ordered Paid To Appellate Court Clerk For Lying To Court, Seeking Unwarranted Sanctions, Bullying Opposing Counsel, Showing No Remorse, And Vowing To Continue Such Practices

Cases: Appeal Sanctions

  Civility To Both Other Lawyers and the Court, Cries Out Loud and Clear in Justice Bedsworth-Authored Opinion.      Here is a very interesting decision that is going to be cited in what needs to be done in “proving up” for default judgment purposes, general civility to other lawyers and the court system, and appellate

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