… But Plaintiff’s Uncivil Remarks In Appellate Briefing Led The Court Of Appeal To Deny It Costs On Appeal.
Incivility is a recurring theme by trial and appellate courts. This opinion is one that, yet again, reinforces that attorneys should refrain from making attacks against opposing counsel and the trial judge.
In WasteXperts, Inc. v. Arakelian Enterprises, Inc., Case No. B327712 (2d Dist., Div. 4 Mar. 14, 2025) (unpublished), plaintiff obtained a reversal of a SLAPP grant, although the prior opinion did chastise plaintiff for making distracting and unsupported attacks on opposing counsel and the trial court. Plaintiff appealed to obtain a reversal of a $175,000 fees and $767.65 costs award in favor of defendant. The defense did not contest the reversal of that cumulative award based on the SLAPP merits reversal. However, it did contest that costs on appeal should be awarded to plaintiff based on renewed uncivil remarks against opposing counsel and the trial judge.
The appellate court agreed, denying costs of appeal to plaintiff. Incivility permeated their appellate briefing such that it was appropriate to not award appellate costs to plaintiff, as the defense suggested.
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