Monday, May 21, 2018

4/1 lowers the sanctions boom!

Appellate catastrophe in this unpub from 4/1 today here!
Choice quotes:

    Image result for pay up
  • This appeal is so utterly devoid of merit as to be frivolous.
  • Here, because of the lack of an adequate record for demonstrating prejudicial error, a reasonable attorney could not possibly have expected this appeal to succeed.
  • Moreover, not only are factual assertions in [Appellant's] brief unsupported by the record, but he also misrepresents key facts.
  • In addition to distorting the factual basis for the judgment, [Appellant's] brief also cites no legal authorities. None. Not a single case, statute, or secondary source. No reasonable attorney could believe that an opening brief citing no facts from the record and no law could possibly succeed.
  • Sanctions are also warranted based on [Appellant's] attorney's conduct with respect to oral argument in this court.
Outcome: Sanctions jointly and severally imposed against counsel and client for $14,334 payable to respondent and $1,700 payable to the Court, plus an extra $600 against counsel alone. And, of course, counsel is to send a copy of the opinion to the State Bar.