frivolous appeals

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Appeals-Purpose of Sanctions
(Johnson v. Lewis)

Appeal-Purpose of Sanctions-Discourage Frivolous Appeals-
(Johnson v. Lewis)

Time and again, public confidence in our legal system is tested when the general public wonders, and mutters, about why courts entertain ridiculous lawsuits. As will soon become apparent, this is such a case. Here, a person who admittedly violated the law, and posed a danger to others, unjustifiably accuses authorities of wrongfully arresting her. Fortunately, although our system of justice necessarily provides a forum for even the most ridiculous lawsuits, it also provides a vehicle, summary judgment, to relatively quickly rid the judicial system of unmeritorious cases.

Plaintiff Polly Johnson sought to recover in tort based upon her arrest by defendant Scott Lewis, an arson investigator with peace officer authority (Pen. Code, § 830.37, subd. (a)), for her commission of traffic offenses. Plaintiff’s asserted causes of action are dependent upon the claim that her arrest was unlawful because Lewis lacked probable cause to arrest her.

Defendants Lewis, the Sacramento County Fire Protection District, the Sacramento County Sheriff’s Department, and the County of Sacramento moved for summary judgment. Concluding undisputed evidence established that Lewis had probable cause to arrest plaintiff, the trial court entered summary judgments in favor of defendants.

Plaintiff appealed. Thereafter, the case took on an unusual posture.

We calendared the matter for oral argument on the merits of the appeal and also on this court’s order directing plaintiff and her appellate counsel to show cause why sanctions should not be imposed against them if we conclude not only that the appeal lacks merit but that it is frivolous.

The parties then submitted to this court a written stipulation, signed by counsel, asking us to take the matter off calendar and to “approve abandonment of the appeal” because “[i]t is hereby stipulated and agreed by the parties that the appeal in this matter may be abandoned upon the conditions hereafter recited: [¶] Within 5 business days of the approval of the abandonment of the appeal, the plaintiff shall pay the agreed amount for costs to each of the defendants as follows: [¶] 1. To the defendant Sacramento County, the sum of $2,000. [¶] 2. To the defendant Scott Lewis, the sum of $2,500. [¶] 3. To the defendant Sacramento County Fire Protection District[,] the sum of $2,500.”

The purpose of sanctions is to discourage frivolous appeals and to compensate to some extent for the loss that results due to a frivolous appeal. (Bach v. County of Butte (1989) 215 Cal.App.3d 294, 312.) To that end, sanctions may be imposed payable not only to opposing parties but also to the court to compensate it for the expense of processing, reviewing, and deciding a frivolous appeal. (Ibid.) Because appellant’s agreement to pay costs to respondents does not address costs incurred by this court, we issued the following order: “The court has determined to . . . approve the stipulation and dismiss the appeal conditioned upon appellant and her attorney only appearing for oral argument . . . to address whether sanctions payable to the court should be ordered against appellant and her attorney. If appellant and her attorney agree to this condition, then oral argument will be limited to whether an award of sanctions payable to this court should be imposed and the appeal will thereafter be dismissed as abandoned under the other conditions agreed upon by the parties. If appellant and her attorney do not agree to this condition, then oral argument on both the merits of the appeal and the issue of sanctions will proceed . . . with appellant and counsel for all parties appearing. [¶] Appellant and her attorney shall inform this court and counsel for respondents in writing . . . whether they agree that appellant will abide by the stipulation of the parties and also appear in this court with her attorney . . . to address whether sanctions payable to this court should be ordered against appellant and her attorney.”

Appellant and her attorney responded by filing a document stating that they would appear at oral argument to address whether they also should be ordered to pay sanctions to this court for prosecuting a frivolous appeal, and that plaintiff will abide by the parties’ stipulation as to her payment of costs to defendants.

In a return to the order to show cause and at oral argument, plaintiff’s attorney asserted that the appeal was not brought in bad faith and is not otherwise frivolous. We disagree as to the second point. As we will explain, monetary sanctions payable to the court are appropriate because this appeal is frivolous in that it indisputably has no merit. (In re Marriage of Flaherty (1982) 31 Cal.3d 637, 650.)

Johnson v. Lewis C043427-07-07-04- frivolous appeals

Jul 07 2004

C043427
[PDF] [DOC]

Johnson v. Lewis C043427 7/7/04 CA3

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