see - Frivolous Arguments Lead To Sanctions And Attorney Fee Award Against Defendant And His Law Firm | Kronick, Moskovitz, Tiedemann & Girard - JDSupra
WE SHOULD HAVE THE SAME STRICT RULE HERE ON SANCTIONS FOR FRIVOLOUS APPEALS AS DISCUSSED IN THE US ARTICLE BELOW.
IN FACT, THE RULE ON DISCOVERY IN OUR RULES OF COURT SANCTIONS PARTIES WHO REFUSE TO DISCLOSE CERTAIN FACTS AND DOCUMENTS, AND THE CIVIL CODE AND THE APPEAL RULES IN OUR RULES OF COURT CONTAIN PROVISIONS ON MALICIOUS PROSECUTION AND RELATED TORTUOUS MATTERS.
HOWEVER, THE COURTS HERE SEEM TO BE VERY LIBERAL IN PUNISHING PARTIES AND LAWYERS, ESPECIALLY THOSE BELONGING TO BIG LAW FIRMS, WHO ARE GUILT OF DILATORY TACTICS AND FRIVOLOUS APPEALS. SUCH BIG-TIME LAWYERS PREFER SUCH DILATORY TACTIC BECAUSE THEY ARE PAID HUGE FEES BASED ON HOURLY BILLINGS.
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After protracted litigation in a probate matter was resolved in his favor, the trustee of an estate sued a trust beneficiary and his law firm for malicious prosecution. The defendants made a special motion to strike under the anti-SLAPP law, asserting that the malicious prosecution claim was aimed at suppressing their free speech rights. The trial court denied the motion and awarded attorney fees to the trustee as sanctions against the defendants. The defendants appealed the denial of the motion. The appellate court affirmed the trial court’s decision, finding defendants’ arguments frivolous and misleading and requiring the defendants to pay attorney fees and costs to the trustee and compensate the appellate court for the costs of processing the motion. (Kleveland v. Siegel & Wolensky, LLP (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., April 17, 2013).
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