Thursday, July 11, 2024

"an apt and adequate penalty"

Yesterday 4/3 declined to impose appellate sanctions, although sanctions would be "appropriate," in this unpub.

  • The record in this appeal from a summary judgment motion contains over 7,000 pages. Stahl asserts the large appellate record “is essential for the court to understand the procedural history of the case and for [her] to support her position.” She is wrong. Even a cursory review of her record designation reveals she included numerous documents immaterial to the appeal’s determination. Stahl included 373 documents in her designation of record. GF Capital’s motion for summary judgment was the 299th document in Stahl’s designation of record. Only a few of the 298 documents preceding the summary judgment motion were relevant to the appeal. Moreover, Stahl included over 30 documents in the record that were filed in the trial court after the judgment on appeal was entered against her. It is telling that in her appellate briefs, Stahl cites very few documents in the record. If the documents in the voluminous record were “essential” as she contends, she would have cited to more of them in her appellate briefs.
  • Stahl’s conduct of including in the record matters not reasonably material to the appeal’s determination is sanctionable conduct under California Rules of Court, rule 8.276(a)(2). Although appropriate, we decline to impose sanctions in this instance. We will, however, not be as forgiving should we find Stahl’s appellate counsel engaging in similar conduct in the future.
  • Stahl did not support her appellate arguments with citations to the record. While Stahl included some record citations in her statement of facts, she included only two in the entire argument portion of her brief.
  • We have found Stahl’s appellate contentions waived 20 because of the deficiencies in her briefs and other reasons. This is an apt and adequate penalty.
Bloomberg Law has Ocasio-Cortez Moves to Impeach Supreme Court’s Thomas, Alito and the NLJ has Rep. Ocasio-Cortez Moves to Impeach Justices Thomas and Alito -- The allegations in the impeachment articles largely track reporting by ProPublica, The New York Times and other outlets about the justices' conduct away from the Supreme Court, which is now on summer recess after another monumental term in which Alito and Thomas played an important role.