Appeal Deemed Frivolous, With Reminding Words of Wisdom to Those Choosing to Appeal. Justice Yegan of the Second District, Division 6 on behalf of a 3-0 panel, has penned a decision with some sobering reminders on the nuances of appellate practice, and is likely going to be quoted down the line. In […]
Appellate Sanctions For Frivolous Appeal Denied For Lack of Separate Motion and More. In Lahoti v. Vericheck, Inc., Case No. 10-35388 (9th Cir. Feb. 16, 2011) (for publication), the district court determined that a litigant had acted in bad faith so that $78,109.95 in attorney’s feees and costs should be assessed against him
Defendant Was Victor Both Below and On Appeal. In our March 25, 2009 post, we explored Krug v. Maschmeier, 172 Cal.App.4th 796 (2009), which held that a winning defendant in a civil harassment proceeding could be awarded attorney’s fees in the discretion of the lower court. Now, an appellate decision has applied this
First District, Division 5 Provides Updated Information on Compensating Aggrieved Litigants As Well As Appellate Courts for Frivolous Appeals. The companion cases of Peirona v. TMT Associates, LLC, Case No. A126790 (1st Dist., Div. 5 Dec. 17, 2010) (unpublished) and Peirona v. Nguyen, Case No. A126551 (1st Dist., Div. 5 Dec. 17, 2010) (unpublished)
Second District, Division 2 Affirms And Awards $5,000 For a Frivolous Appeal. In our category “Requests for Admissions,” we have discussed numerous cases examining the “costs of proof” sanctions under Code of Civil Procedure section 2033.420 for litigants that unreasonably deny RFAs for matters later proven true at trial. (The most potent sanction is
Requested Sanctions of $14,623.91 Are Pared Down to $6,750. In Girardi v. Princess Cruises, Case No. B217192 (2d Dist., Div. 7 Aug. 24, 2010) (unpublished), appellants were found to have prosecuted a frivolous appeal based on the standards set forth in the California Supreme Court in In re Marriage of Flaherty, 31 Cal.3d 637,
First District, Division 5, Except for a $49 Adjustment, Tells Everyone to Go Home But For a Minor $1,000 Appellate Sanctions. Salvio Street, LLC v. Lee, Case Nos. A122408/A123080 (1st Dist., Div. 5 July 29, 2010) (unpublished) is an interesting case, not just for the legal issues, but because it demonstrates how pragmatic appellate
Second District, Division 8 Gives a “Double Whammy.” In line with suggestions we have made in prior posts, appellate practice in California is a specialty. Do not get involved and do not lightly appeal abuse of discretion rulings unless you consult an appellate specialist or have practiced before the California appellate courts. The next
Second District, Division 8 Assesses Sanctions on Appeal. “It is clear that appellant feels strongly that he has been aggrieved and that the passage of time has not weakened that conviction. While one can sympathize, on a human level, with such a feeling, it is nevertheless true that disappointed expectations, no matter how deeply
Fourth District, Division One Sustains $3,000 Award Against Husband. In our category “Cases: Family Law Awards,” we have reviewed past decisions discussing Family Code section 271, which allows a family judge to award fees as a sanctions against a litigant or counsel who frustrates the policy of encouraging settlement or cooperation in family
