Cases: Appeal Sanctions

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

  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 […]

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      Wong v. Genser, Case No. A133837 (1st Dist., Div. 5 Nov. 30, 2012) (unpublished) is not only a lesson in tenacity, but also shows how an appealing party must be candid with the appellate tribunal–under penalty of harsh appellate sanctions.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      Justice Yegan in Sandler v. San Wall Properties, Case No. B234643 (2d Dist., Div. 6 July 31, 2012) (unpublished) does remind us of some procedural nuances on two subjects: (1) appeal sanctions; and (2) attorney’s fees on appeal.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’

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