Cases: Appeal Sanctions

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 […]

Appeal Sanctions: Ouch! Appellant Sanctioned $2,000 For Appellate Court Processing Costs And Will Have To Pay More To Respondent On Remand

Cases: Appeal Sanctions

  Appeal Labeled “Insulting” by Appellate Court.      In Kempton v. Prudential California Realty, Case No. B2311633 (2d Dist., Div. 2 Nov. 16, 2011) (unpublished), appellant appealed a costs award but made a blatantly false argument to the court, namely, that the trial court did not have a costs memorandum before it in ruling on

Appeal Sanctions: Fourth District, Division 2 Says $8,000 Is Frivolous Sanctions Cost To Taxpayers For Processing An Appeal

Cases: Appeal Sanctions, Cases: Section 998

Frivolous Appeal No Laughing Matter.      Marriage of Shannahan, Case No. D058220 (4th Dist., Div. 2 Nov. 10, 2011) (unpublished) is not blog-worthy for its ultimate result of affirming a $20,000 Family Code section 271 sanctions award against husband. However, it is worthy for establishing the “going rate” for frivolous appeal sanctions to the clerk

Special Fee Shifting Statute/Appeal Sanctions: Ninth Circuit Affirms $78,109.65 Lanham Act Bad Faith Fee/Costs Award

Cases: Appeal Sanctions, Cases: Special Fee Shifting Statutes

  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

Special Fee Shifting Statute/Appellate Sanctions: Losing Plaintiff In Civil Harassment Case Hit With $1,000 In Attorney’s Fees And $1,000 In Additional Appellate Sanctions For Frivolous Appeal

Cases: Appeal Sanctions, Cases: Special Fee Shifting Statutes

  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

Appeal Sanctions: Sanctions Get Doled Out, Jointly And Severally Against Clients And Their Attorney, For Two Frivolous Appeals.

Cases: Appeal Sanctions

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)

Requests For Admissions: Corporate General Counsel Defendant and Corporate Defendant Hammered With $123,455 In RFA “Costs Of Proof” Sanctions In Personal Injury Case

Cases: Appeal Sanctions, Cases: Requests for Admission

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

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