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California Forms of Pleading and Practice--Annotated
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


5-49 California Forms of Pleading and Practice--Annotated 49.syn


Title

Appeal: Sanctions

Author

Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


ABSTRACT TEXT:

This chapter discusses sanctions against an appellant for pursuing a frivolous appeal in a California appellate court. It covers the appellate court's power to impose sanctions for frivolous appeals, standards for determining when an appeal is frivolous, and due process requirements.

Motions for imposition of sanctions are discussed, and the chapter includes a form of request for sanctions for a frivolous appeal.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.

CORE TERMS:

Appeals,Civil Appeals,Sanctions,Frivolous Appeals,Discretion,Objective Standard,Subjective Standard,Due Process,Motions for Imposition of Sanctions,Amount of Sanctions Order,Recipient of Sanctions.

RELATED CHAPTERS: (View)

For discussion and procedural checklist concerning civil appeals generally, including discussion of vexatious appellants, see Chapter 40, Appeal: An Overview.

For discussion and forms pertaining to general appellate motion procedure, see Chapter 45, Appeal: Motion Procedure.

For discussion and forms pertaining to motions for involuntary dismissal, sometimes used in conjunction with motions for sanctions for frivolous appeal, see Chapter 48, Appeal: Abandonment, Dismissal, and Stipulated Reversal.

For discussion and forms relating to appellate briefs generally, including the necessity to make a motion separate from the responding brief for imposition of sanctions for frivolous appeal, see Chapter 50, Appeal: Briefs.

For discussion and forms concerning oral argument and decision on appeal, in which motions for sanctions for frivolous appeal are frequently decided, see Chapter 51, Appeal: Hearing and Decision.

For discussion and forms relating to remittitur and the award of costs and expenses on appeal, which may include any appellate award of sanctions for frivolous appeal, see Chapter 53, Appeal: Remittitur and Costs on Appeal.

For discussion and forms pertaining to the procedures for the imposition of sanctions in the trial court, see Chapter 510, Sanctions.

OTHER RELATED PUBLICATIONS:

For forms of points and authorities relating to substantive topics of California law, which may be adapted for use in an appellate brief, see California Points and Authorities (Matthew Bender).

For aid in appellate practice generally, see Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure (Matthew Bender).

For discussion and forms relating to civil appellate practice in the federal courts, see Moore's Federal Practice (Matthew Bender), Chapter 201 et seq.
 
 
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