Appeal Sanctions, Arbitration, Sanctions: $37,000 In CCP § 128.7 Sanctions Affirmed On Appeal For Attorney’s Refusal To Withdraw A Frivolous Opposition To An Arbitration Motion To Confirm An Award

Also, Appeal Sanctions Were Warranted For A Frivolous Appeal, But Matter Remanded To Trial Judge To Determine Appropriate Amount Given Conclusory Support For The Fee Request.

               In Plantation at Hayward I, LLC v. Plantation at Hayward I, LLC (Catanzarite), Case No. G062909 (4^th Dist., Div. 3 Feb. 10, 2025) (published), plaintiff’s attorney losing in an arbitration filed a frivolous opposition to a motion to confirm the arbitration award, garnering a $37,000 CCP § 128.5 sanctions award against him which was affirmed on appeal.

               Plaintiff’s attorney’s appeal on behalf of his client was found to be frivolous also, with respondent requesting $43,855 in appellate fees as a sanction.  The appellate court found the fee support was too conclusory, so it remanded with a choice: (1) losing attorney could stipulate to the fee request; or (2) losing attorney could request an evidentiary hearing so the trial judge could determine the appropriate sanctions award.  Justice Goethals authored the 3-0 opinion.