California Appellate Law Blog : California Appellate Lawyer & Attorney: Archer Norris Law Firm: Trial, Business, Torts: Sacramento, Bay Area, Los Angeles, California

What's that old saying that a good lawyer can argue just about anything?  While that may be true, a recent decision by the Sixth District Court of Appeal demonstrates that some arguments are better left not taken.  Sometimes it's probably better to walk away. 

But if taken, a proper record should be designated, or what follows could be quite, well, unpalatable.  For failure to properly perfect the record on appeal can be viewed as evidence that the appeal is frivolous.  And if the Court of Appeal finds the appeal frivolous, it can award sanctions in the form of respondent's attorney fees and fines paid to the court.  That's exactly what happened in Foust v. San Jose Construction Company, where appellant was ordered to pay $15,000 in sanctions. 

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A recent ruling by the Fourth District Court of Appeal confirms that unless an order of dismissal is in writing, signed by the trial judge, and filed, it is ineffective as a judgment under Code of Civil Procedure section 581d.  In Powell v. County of Orange (Aug. 8, 2011)  2011 Cal.App. LEXIS 1024, the court held that neither a stamped, nor a signed minute order meets the requirements of section 581d.  Consequently, such an order does not qualify as a final judgment that might serve the basis for appellate jurisdiction.  For the decision, please click here

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