Legal Question in Appeals and Writs in California

Re: Is it frivolous to appeal to enforce admitted error?

I can review your materials. I do, however, have to charge for the review. It may be a frivolous appeal in which case you would likely have to bring a motion for sanctions on appeal.

Re: Is it frivolous to appeal to enforce admitted error?

I would need to know more about the case before I could offer an opinion, but based upon what you have said the appeal does indeed seem frivolous.

It is not true that only pro se litigants are sanctioned for bringing such appeals; if anything, pro ses are a bit less likely to be sanctioned because courts expect attorneys to be able to recognize frivolous arguments much more readily than non-lawyers.

Please feel free to contact me directly if you want to discuss the case further. I am a certified appellate specialist (my certification is from the State Bar of California Board of Legal Specialization) -- one of only about 220 statewide. My expertise may be very useful to you as you decide what to do next.

Re: Is it frivolous to appeal to enforce admitted error?

It sounds as if it may be, but what would be necessary would be to oppose the appeal and the appellate Court will determine frivality.

JOEL SELIK Attorney at Law

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Re: Is it frivolous to appeal to enforce admitted error?

I do not charge for initial consultation and document review. I do charge, however, for subsequent work once you decide to proceed down a recommended path, for example, if you want me to file a motion to dismiss the appeal and sanctions.

The prior attorneys were correct, both attorneys and pro se litigants can be sanctioned for filing a frivolous appeal. Appeals are rarely sanctioned however.

If you are concerned about rates, I could also send you a quote, with references to cases I have had reversed on appeal.

Very truly yours,

Re: Is it frivolous to appeal to enforce admitted error?

I can give an opinion with small retainer/deposit. Call me directly at (619) 222-3504.

Re: Is it frivolous to appeal to enforce admitted error?

This may well be a frivolous appeal, and sanctions are not reserved only for pro se appellants. In 2002, for example, I won an attorney fee award against a well known Los Angeles area law firm for prosecuting a frivolous appeal. See Harris v. Sandro (2002) 96 Cal.App.4th 1310. You may email me directly at the address below and I will email back to you a copy of the case; or you can find it at FindLaw.

I am a certified appellate law specialist with nearly 19 years of appellate law experience. You may find out more about my practice by clicking on the website link below.

I would be happy to review your case files and provide a "first glance" opinion without charge. My $325 hourly fee would only kick in if I thought it worth a closer look and you retained me to do so.

I look forward to hearing from you.

Herb Fox, Esq.

Certified Specialist - Appellate Law

15 W. Carrillo Street, suite 211

Santa Barbara, CA 93101

tel: 805-899-4777

fax: 805-899-2121

[email protected]

www.Lawyers.Com/herbfox