Can a Court of Appeal impose sanctions on a party or an attorney for 'fraudulently filing a frivolous motion'?

California, United States of America


The following excerpt is from Abdelrahman v. Abdelrahman (In re Abdelrahman), E068567 (Cal. App. 2018):

"Presumably for this reason, the rules of court provide that, on its own motion (or that of a party), a Court of Appeal may impose sanctions on a party or an attorney not only for '(1) Taking a frivolous appeal or appealing solely to cause delay; [] (2) Including in the record any matter not reasonably material to the appeal's determination; [or] [] (3) Filing a frivolous motion;' but also for '(4) Committing any other unreasonable violation of these rules.' [Citation.]" (Huschke v. Slater (2008) 168 Cal.App.4th 1153, 1160-1162, original italics, fn. omitted; see rule 8.276(a)(1)-(4).)

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