In an opinion published today, the California Court of Appeal, Fourth Appellate District, Division Three, got a little upset:
Because of the many violations of the Rules of Court and the patently frivolous nature of the appeal, and to discourage similar conduct in the future, sanctions must be substantial. [Citations.] Under the arbitration agreement defendants are entitled to attorney fees and we remand to the trial court to determine the amount of attorney fees defendants reasonably incurred in defending this appeal and the attorney fees reasonably incurred in making the motion for sanctions. [Citation.] Using the amount thus determined as a lodestar, the court shall award an equal amount to defendants as sanctions. A mere award of attorney fees, to which defendants are entitled under the contract, would fail to compensate defendants for the burdens imposed on them as a result of this unnecessary and unnecessarily burdensome appeal. Sanctions are awarded jointly and severally against plaintiffs and their lawyer. . . .
[A]ll sanctions are to be paid within 30 days after the order of the superior court fixing the amount of the award. Randall S. Waier [the offending attorney] and the clerk of this court are each ordered to send a copy of this opinion to the State Bar of California upon issuance of the remittitur. [Citations.] Respondents shall recover their costs on appeal.
The opinion is Evans v. Centerstone Development Co.