Frivolous Appeal No Laughing Matter.
Marriage of Shannahan, Case No. D058220 (4th Dist., Div. 2 Nov. 10, 2011) (unpublished) is not blog-worthy for its ultimate result of affirming a $20,000 Family Code section 271 sanctions award against husband. However, it is worthy for establishing the “going rate” for frivolous appeal sanctions to the clerk of the court when the winner on appeal fails to submit proof of its fees/costs on appeal. What is the going rate? $8,000, according to the 4/2 appellate court, which relied on (but reduced a little) the $8,500 figure derived from a 2008 study by the Second District. (See Huschke v. Slater, 168 Cal.App.4th 1153, 1163-1164 (2008).) It will be interesting to see if the Second District ups the ante in upcoming decisions.
Library of Congress. c1896.