2/8 award appellate sanctions of over $38K against appellant and counsel here for taking a frivolous appeal.
- Having considered the [sanctions] motion, and the matters discussed at oral argument, we conclude that the appeal has no merit, and was brought solely for the purpose of delay and to harass defendants.
- First, we find the appeal is frivolous because it is well established that an error in fact or law does not justify overturning an arbitration award. Also, plaintiff never once alleged the arbitrator exceeded his powers in the trial court, but first asserted this claim on appeal in violation of bedrock rules of appellate procedure.
- Second, plaintiff and its counsel have repeatedly engaged in abusive litigation tactics over the course of the more than six years this simple real estate dispute has been litigated.
- Counsel did not file an opposition to the sanctions motion, and then sought a last minute continuance of oral argument, filing his request after hours the night before oral argument, claiming a final status conference and trial in another matter had been unilaterally rescheduled by the trial court after oral argument was calendared in this case. However, it appears from the superior court docket that the scheduling change was made weeks before counsel’s request for a continuance of oral argument.
- Counsel at oral argument also misrepresented his participation in the federal litigation, claiming he had become involved in the case later in the proceedings.
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