Appeal Sanctions: Monetary Sanctions For Corrected Appellant’s Appendix Affirmed On Appeal, But Appellant Dodges Frivolous Appeal Sanctions

Although The 2/6 DCA Found The Appeal To Be Meritless, Lack Of Bad Faith Was Shown By Appellant’s Vigorous Advocacy

            Appellant won one and lost one as far as appellate sanctions were concerned in IQ Holdings v. Krablin, Case No. B307034 (2d Dist., Div. 6 Sept. 8, 2022) (unpublished).  Appellant lost an appeal of $15,050 in sanctions for making a respondent force the filing of a corrected appellant’s appendix—you do not see this often.  However, the appellate court denied a request for frivolous appeal sanctions of $41,500; although finding the appeal was meritless, the panel found that vigorous advocacy was sufficient here to show a lack of subjective bad faith under Flaherty [our Leading Case No. 9].  The panel did warn that other courts might not look at a future appeal with these problems as kindly as it did, reporting appellant’s attorney to the State Bar based on affirming the $15,050 sanctions award.