« End run around state court | Main | Arbitration subpoena to non-party enforced »

Appeal from arbitration violated rules and was frivolous.
November 22, 2005 by Ross Runkel at LawMemo

Following an arbitration award, the loser failed to get a trial court to set aside the award, and then appealed from that decision. In a blistering opinion (Evans v. Centerstone (California Ct App 11/21/2005)), the California Court of Appeal has awarded substantial financial sanctions for

• Violations of court rules of appellate procedure. "Plaintiffs' briefs are cornucopias of such violations." One example: "Plaintiffs presented 'facts' not supported by or contrary to the record and failed to include other relevant facts."


• Frivolous appeal. "Courts have repeatedly instructed litigants that challenges to the arbitrator's rulings on discovery, admission of evidence, reasoning, and conduct of the proceedings do not lie. [citations omitted.] Plaintiffs' crude attempt to characterize their claims so they would fall within acceptable bases for an appeal is an artifice we condemn. Further, most of plaintiffs' claims are patently disingenuous."

Now for the sanctions. The trial court was instructed to award attorney fees incurred in defending the appeal and in making the motion for sanctions. An equal amount must be awarded as sanctions, jointly and severally against plaintiffs and their lawyer.

	Web www.LawMemo.com  This form will search the LawMemo web site. It does not include the Caselaw Database.