Cal. Rules of Court Do Contain the Proper Procedures in These Areas.
Justice Yegan in Sandler v. San Wall Properties, Case No. B234643 (2d Dist., Div. 6 July 31, 2012) (unpublished) does remind us of some procedural nuances on two subjects: (1) appeal sanctions; and (2) attorney’s fees on appeal.
There, winning respondent requested appeal sanctions against loser for violating some California Rules of Court on appeal in its respondent’s brief. No go, said the appellate court, because the brief request was incorrect. The reason was that this sanctions request must be made by separate motion including a declaration supporting the amount of any requested sanctions, which motion has to be filed before any order dismissing the appeal but no later than 10 days after appellant’s reply brief is due. Cal. Rules of Court, rule 8.276(b)(1); Committee to Save Beverly Highlands Home Assn. v. Beverly Highlands Home Assn., 92 Cal.App.4th 1247, 1273 n. 10 (2001).
Respondent also requested an award of attorney’s fees on appeal in his brief. Nope, wrong procedure said the appellate court. The correct procedure is to file a motion in the superior court within the time delineated in California Rules of Court, rule 2.1702(c). Tesoro Del Valle Homeowners Assn. v. Griffith, 200 Cal.App.4th 619, 642 n. 7. (2011).