Cal. Litig. 2014, Volume 27, Number 3

Recent Activity in Frivolous Appeals

By Will Tomlinson

Frivolous Appeals: The Basics

When it appears to the reviewing court that [an] appeal was frivolous or taken solely for delay, it may add to the costs on appeal such damages as may be just." (Code Civ. Proc., § 907; see also Cal. Rules of Court, rule 8.276(a)(1) [authorizing court, "[o]n motion of a party or its own motion," to sanction party or attorney for "[t]aking a frivolous appeal or appealing solely to cause delay"].) California courts have been authorized to impose frivolous appeal sanctions in civil matters since 1851. (See Huschke v. Slater (2008) 168 Cal.App.4th 1153, 1160.)

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