Friday, December 12, 2014

Sanctions Procedure on Appeal

Saltonstall v. City of Sacramento, No. C077031 (D3 Nov. 20, 2014)

This is an appeal of a denial of a preliminary injunction in a CEQA case. I’m not touching the merits of a CEQA case with a ten-foot-pole. But the court does deny sanctions to the respondent because the sanctions request failed to comply with Rule of Court 8.276(b)(1). That rule requires a separate motion for sanctions to be filed within ten days of the due date for appellant’s reply brief, along with a declaration supporting the amount of attorneys fees sought. Because the respondent here just requested sanctions in its respondent’s brief, the sanctions request was denied.


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