Monday, August 31, 2020

Sanctions avoided

Appellate sanctions were denied in these two cases, here and here, both showcasing some appellatey points of interest. The first case says this:

Our power to punish litigants for prosecuting frivolous appeals “should be used most sparingly to deter only the most egregious conduct.” (In re Marriage of Flaherty (1982) 31 Cal.3d 637, 650-651.) This appeal pushes the boundary of that territory, but the due process implications of sanctioning litigants for pursuing frivolous appeals (see id. at pp. 652-651) persuade us against exercising that power at this juncture.

In today's DJ, Kevin O'Brien has Prevailing parties in trust and estate litigation can defeat an appeal before it is filed which highlights a key way in which probate appeals differ from regular civil appeals:   

Section 1310(b) provides litigants a powerful tool that can be used to enforce orders and obtain immediate relief despite a pending appeal and, in some instances, effectively defeat an appeal as soon as or even before it is filed.