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
First District, Division Two Orders Appellant’s Attorney to Pay Clerk Administrator $6,000 for Failing to Notify Court of Settlement Until One Day Before Oral Argument of Appeal. California Rules of Court, rule 8.244(a)(1),(3) requires that appellants file a notice of settlement with the appellate court, with the expectation that an abandonment or request for
Fifth District Reminds Appealing Litigants and Appellate Counsel That They Should Not “Bait and Switch” or Simply “Vent Their Spleen” Before the Appellate Courts. The next case we discuss reinforces that appellate practice has different rules, with litigants needing to carefully assess whether they have some legal or factual errors of
Fifth District Finds One Argument Out of Three Contentions Was Not Frivolous. In our July 15, 2008 post, we reviewed Patel v. Sagar, a case involving an appeal from a contractual arbitration award. We summarized the principles from Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992) according arbitral finality to
First District Finds Appeal Frivolous and Assesses Sanctions Against Losing Party and Losing Attorneys As Well as Remands for Award of Appellate Attorney Fees to Winning Party. Stressing what we have said before in prior posts (see May 22 and 28, 2008 posts), appellate law is no area for neophytes. It
