Cases: Appeal Sanctions

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      Justice Yegan in Sandler v. San Wall Properties, Case No. B234643 (2d Dist., Div. 6 July 31, 2012) (unpublished) does remind us of some procedural nuances on two subjects: (1) appeal sanctions; and (2) attorney’s fees on appeal.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      In Alexandros v. Cole, Case No. G043715 (4th Dist., Div. 3 Dec. 30, 2011) (unpublished), plaintiffs lost a minority shareholder breach-of-fiduciary duty suit against various defendants and then lost their appeal.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

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

Scroll to Top