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How difficult is it to prove an appeal was filed in bad faith and without merit?

Modesto, CA |

Landlord is appealing but it is very clear he violated CA civil code 1950.5. He waited until the 30th day to file appeal and has done numerous unscrupulous things throughout this process. He is going to do everything he possibly can to frustrate me into abandoning my suit.

Attorney Answers 3

  1. It is impossible to answer your question. You want to know how hard it will be to prove something. You provide no facts. Hmmm.

    I think you should call the county bar association and ask for the lawyer referral service. Tell them you were/are a tenant and you wnat to get the names of lawyers who do landlord/tenant cases on behalf of tenants. Probably they'll give you names and phone numbers of 3 lawyers who'll each give you 1/2 hour of their time free. The bar's referral service usually charges a modest processing fee -- like maybe $35.

    You can then sit down face-to-face and give fairly detailed facts. A real bargain. AVVO is not a good place to ask for an estimate of difficulty of proof--no attorney here will give you the kind of answer it appars you want, and that's because they don't have sufficient facts to do so. Even after a 1/2 hour interview, I doubt that many lawyers would say something like, "You have a 52% chance of winning on the issue of a bad faith filing. Because no two cases are the same, an answer like that is -- well, 100% unlikely.

    Good luck. But, set realistic goals for yourself -- and for the lawyers who visit this site.

    This answer is made available by the above lawyer for educational purposes only. It is also offered as a public service to give you general information and a general understanding of the law. This answer is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. And, no attorney-client relationship has been formed. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

  2. Attorney Tonsing is right. There's no way to really answer your question about a bad faith appeal without knowing the specific details. We don't know anything about the unscrupulous things being done to frustrate you into abandoning your lawsuit.

    Typically, it is extremely difficult to file a motion to dismiss a frivolous appeal.

    Waiting until the 30th day to appeal is no different than filing on the 1st day.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

  3. Whether an appeal is frivolous is usually determined after all of the briefs are filed, and is based on the content of the brief. Nothing that happened in trial court - or outside of court - will be considered by the appellate court in determining the merit, or lack of merit, of an appeal.
    The landlord has a presumptive right to appeal, and in most circumstances, that procedural right is upheld.
    It is probably best for you to spend your energy and efforts on the issues raised by the appeal, instead of trying to attack the existence of the appeal.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

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