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7 California opinions name it 1 courts 1986–2015 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Avila v. Continental Airlines, Inc.green1 sentence2015Lake relies on Avila v. Continental 6 Section 907 provides: "When it appears to the reviewing court that the appeal was frivolous or taken solely for delay, it may add to the costs on appeal such damages as 16 Airlines, Inc. (2008) 165 Cal.App.4th 1237, 1261-1262 (Avila), in which the court explained that "[a]n appeal is frivolous 'only when it is prosecuted for an improper motive─to harass the respondent or delay the effect of an adverse judgment─or when it indisputably has no merit─when any reasonable attorney would agree that the appeal is totally and completely without merit.'" (Id. at p. | 1 | 1 |
People v. Birch Securities Co.green2 sentences1986(United Farm Workers of America v. Agricultural Labor Relations Bd. (1985) 37 Cal. 3d 912, 915 [ 210 Cal.Rptr. 453 , 694 P.2d 138 ]; People v. Birch Securities Co. (1948) 86 Cal.App.2d 703, 707 [ 196 P.2d 143 ].) Respondents also assert that petitioner Transport Insurance Company should be sanctioned for filing a frivolous appeal pursuant to Code of Civil Procedure section 907. 1986(United Farm Workers of America v. Agricultural Labor Relations Bd. (1985) 37 Cal. 3d 912, 915 [ 210 Cal.Rptr. 453 , 694 P.2d 138 ]; People v. Birch Securities Co. (1948) 86 Cal.App.2d 703, 707 [ 196 P.2d 143 ].) Respondents also assert that petitioner Transport Insurance Company should be sanctioned for filing a frivolous appeal pursuant to Code of Civil Procedure section 907. | 1 | 1 |
United Farm Workers of America v. Agricultural Labor Relations Boardgreen2 sentences1986(United Farm Workers of America v. Agricultural Labor Relations Bd. (1985) 37 Cal. 3d 912, 915 [ 210 Cal.Rptr. 453 , 694 P.2d 138 ]; People v. Birch Securities Co. (1948) 86 Cal.App.2d 703, 707 [ 196 P.2d 143 ].) Respondents also assert that petitioner Transport Insurance Company should be sanctioned for filing a frivolous appeal pursuant to Code of Civil Procedure section 907. 1986(United Farm Workers of America v. Agricultural Labor Relations Bd. (1985) 37 Cal. 3d 912, 915 [ 210 Cal.Rptr. 453 , 694 P.2d 138 ]; People v. Birch Securities Co. (1948) 86 Cal.App.2d 703, 707 [ 196 P.2d 143 ].) Respondents also assert that petitioner Transport Insurance Company should be sanctioned for filing a frivolous appeal pursuant to Code of Civil Procedure section 907. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Marriage of Flaherty
green
2 sentences2002We conclude Heurlin filed and prosecuted a frivolous appeal within the meaning of section 907, California Rules of Court, rule 26(a)(2), and In re Marriage of Flaherty, supra, 31 Cal.3d 637, 650 . 1994In the case of In re Marriage of Flaherty (1982) 31 Cal.3d 637 [ 183 Cal.Rptr. 508 , 646 P.2d 179 ] our Supreme Court interpreted the standards for an award of sanctions on appeal under section 907 and rule 26(a) of the California Rules of Court. | 5 | 1990–2002 |
Maple Properties v. Harris
green
1 sentence2015Lake relies on Avila v. Continental 6 Section 907 provides: "When it appears to the reviewing court that the appeal was frivolous or taken solely for delay, it may add to the costs on appeal such damages as 16 Airlines, Inc. (2008) 165 Cal.App.4th 1237, 1261-1262 (Avila), in which the court explained that "[a]n appeal is frivolous 'only when it is prosecuted for an improper motive─to harass the respondent or delay the effect of an adverse judgment─or when it indisputably has no merit─when any reasonable attorney would agree that the appeal is totally and completely without merit.'" (Id. at p. | 1 | 2015–2015 |
Bledstein v. Superior Court
green
2 sentences2015Lake relies on Avila v. Continental 6 Section 907 provides: "When it appears to the reviewing court that the appeal was frivolous or taken solely for delay, it may add to the costs on appeal such damages as 16 Airlines, Inc. (2008) 165 Cal.App.4th 1237, 1261-1262 (Avila), in which the court explained that "[a]n appeal is frivolous 'only when it is prosecuted for an improper motive─to harass the respondent or delay the effect of an adverse judgment─or when it indisputably has no merit─when any reasonable attorney would agree that the appeal is totally and completely without merit.'" (Id. at p. 2015Lake relies on Avila v. Continental 6 Section 907 provides: "When it appears to the reviewing court that the appeal was frivolous or taken solely for delay, it may add to the costs on appeal such damages as 16 Airlines, Inc. (2008) 165 Cal.App.4th 1237, 1261-1262 (Avila), in which the court explained that "[a]n appeal is frivolous 'only when it is prosecuted for an improper motive─to harass the respondent or delay the effect of an adverse judgment─or when it indisputably has no merit─when any reasonable attorney would agree that the appeal is totally and completely without merit.'" (Id. at p. | 1 | 2015–2015 |
Summers v. City of Cathedral City
green
1 sentence1994This standard is distinct from the standard for awarding sanctions under section 128.5 (See e.g., Summers v. City of Cathedral City, supra, 225 Cal.App.3d at pp. 1072-1073.) The Flaherty court instructed "an appeal should be held to be frivolous only when it is prosecuted for an improper motive — to harass the respondent or delay the effect of an adverse judgment — or when it indisputably has no merit — when any reasonable attorney would agree that the appeal is totally and completely without merit." ( In re Marriage of Flaherty, supra, 31 Cal.3d at p. 650 .) We find these elements absent in t | 1 | 1994–1994 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.