Does the Court have the authority to impose sanctions on frivolous motions on appeal?

California, United States of America


The following excerpt is from Dana Commercial Credit Corp. v. Ferns & Ferns, 108 Cal.Rptr.2d 278, 90 Cal.App.4th 142 (Cal. App. 2001):

By a parity of reasoning, in view of this court's inherent power to control its own proceedings, we conclude our sanctions authority is not limited to frivolous appeals. "[E]very court of record has powers requisite to its proper functioning as an independent constitutional department of government [citations] including the power . . . to preserve order in the court . . . ." (Bloniarz v. Roloson (1969) 70 Cal.2d 143, 147-148.) Consequently, this court has the inherent authority to impose sanctions for the filing of a frivolous motion on appeal, and will exercise its discretion to do so upon an appropriate showing. 8 9

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