Sisters Were Previously Found To Be “Vexatious Litigants” Under Code Civ. Proc. § 391(b), Forfeited Claims On Appeal By Failing To Raise Them In The Trial Court And Failing To Follow Appellate Procedures, And Sought To Relitigate Claims Previously Decided By The Appellate Panel.
Family members were involved in disputes over their deceased mother’s estate – with two sisters on one side, who were previously found to be "vexatious litigants" under Code Civ. Proc. § 391(b), and two brothers on the other – in Estate of Schooler, Case No. D076490 (4th Dist., Div. 1 June 28, 2021) (unpublished).
In what was Sisters’ approximate 29th action before the 4/1 DCA, involving family trusts and/or their mother’s estate, Sisters attempted to appeal claims and issues that had previously been decided against them by the appellate panel. Additionally, Sisters' opening brief did not “include a fair and accurate factual and procedural summary to support their arguments,” contained little or no citation to the record – nor, in most instances, any legal support or analysis – and raised claims never raised in the trial court.
Based on its conclusion that Sisters’ appeal was both objectively and subjectively frivolous, the appellate panel dismissed the appeal and awarded Brothers $25,087.91 in sanctions imposed against Sisters to account for the attorney fees incurred by Brothers, the impact of the unnecessary delay on the probate proceedings, and to deter future misconduct. (CRC, Rule 8.276(a); Code Civ. Proc. § 907.) Additionally, the panel imposed another $8,500 sanction against Sisters, payable to the Clerk of the Court, for the estimated cost to the government and taxpayers of processing Sisters’ frivolous appeal. (Finnie v. Town of Tiburon, 199 Cal.App.3d 1, 17 (1988).)
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