CALIFORNIA FAMILY LAW
...Attorney Fees
......Sanctions
.........Bad Faith or Frivolous Appeal
 22 Cards On This Topic:
  • When appeal frivolous or taken solely for delay, appellate court may add damages to costs.
  • When appeal frivolous or solely for delay, appellate court may impose sanctions, including costs; procedure.
  • Appeal frivolous when prosecuted for improper motive-to harass or delay-or when totally and completely without merit.
  • Appellate argument that is lacking in even potentially persuasive value carries the possibility of sanctions as a frivolous appeal.
  • Sanctions appropriate for pursuing a patently frivolous appeal.
  • Sanctions for frivolous appeal proper where it was objectively and subjectively frivolous because it was devoid of factual or legal support.
  • The amount of sanctions determined by fees on appeal, the degree of objective frivolousness and delay, and the need to discourage similar conduct in the future.
  • Although the appeal was without merit and caused a “useless diversion of this court’s attention," sanctions were not imposed because of the demanding requirements imposed by Flaherty.
  • Attorneys sued for failing to pay for court reporting services, tried to transform a collections case into an anti-SLAPP action, and were sanctioned for bringing a frivolous appeal.
  • Post-appeal motion for attorney fees on appeal per FC 271 must be filed within 40 days of remittitur.
  • Appeal which was meritorious when filed may become moot and therefore frivolous during appeal; acts which undermine trial ct's judgment may result in forfeiture of right to prosecute appeal.
  • Appeal not frivolous or brought merely to harass where it raised legitimate issue under DVPA and P believed she stood to gain financially from appeal through DVPA restitution claim.
  • No attorney's fees for frivolous appeal where respondent did not have specific evidence of objective bad faith and appellant had one valid, if insufficient, point to appeal.
  • Bad faith appeal justifies $30,000 in sanctions.
  • Sanctions are not appropriate against a pro per appellant simply because appeal has no merit; must be some other impropriety.
  • Otherwise nonmeritorious appeal which raised one item of merit held not frivolous.
  • $17,500 sanctions for frivolous appeal properly assessed against pro per attorney. Abuse of legal system not tolerated.
  • Nonmeritorious appeal and poor quality brief did not meet Flaherty standards for frivolous appeal.
  • $15,000 sanctions imposed against attorney for frivolous appeal.
  • Former Civil Code section 4370.5 didn't require that appeal be frivolous per Flaherty.
  • Sanctions of $1,500 assessed against relative who helped secrete children and then filed frivolous appeal.
  • Cases discussing various aspects of frivolous appeals.


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