In re Marriage of Stich

2 Citing cases

  1. Sprague v. Kekoa

    No. A122018 (Cal. Ct. App. Dec. 8, 2009)   Cited 2 times

    Generally, the amount should reflect what is necessary to redress the ‘undue burden’ a frivolous appeal imposes on the legal system and respondent and to deter the same type of conduct in the future.” (Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs, supra, ¶ 11:135, p. 11-55, citing Pierotti v. Torian (2000) 81 Cal.App.4th 17, 33; In re Marriage of Stich (1985) 169 Cal.App.3d 64, 78; Hersch v. Citizens Savings & Loan Assn, supra, 146 Cal.App.3d 1002, 1013.) The factors that may be considered in setting the amount of sanctions include the appellant’s net worth (Bank of California v. Varakin, supra, 216 Cal.App.3d at p. 1640; In re Marriage of Stich, supra, 169 Cal.App.3d at p. 78) the need for “discourage[ment of] like conduct in the future” (Pierotti v. Torian, supra, 81 Cal.App.4th at pp. 34-35), and the lack of any discernible deterrent effect of any previous sanction order (Papadakis v. Zelis, supra, 8 Cal.App.4th at p. 1150).

  2. Kabbe v. Miller

    226 Cal.App.3d 93 (Cal. Ct. App. 1990)   Cited 36 times

    In some cases the court found the appeal was brought for the purposes of delay. (See, e.g., In re Marriage of Stich (1985) 169 Cal.App.3d 64, 75 [ 214 Cal.Rptr. 919] ; Weber v. Willard (1989) 207 Cal.App.3d 1006, 1010 [ 255 Cal.Rptr. 165].) Because Ms. Kabbe is the plaintiff in this action, delay is not a factor here.