Garden Grove, CA asked in Appeals / Appellate Law, Real Estate Law and Civil Litigation for California

Q: what can be done if opposing party keeps threatening to appeal any decision the court makes to drag on forever?

plaintiff ordered to pay defendant attorneys fees at trial court. Plaintiff appealed for "abuse of discretion". Appellate court affirmed trial court citing no abuse of discretion and awarded respondent "costs" of appeal. plaintiff now threatening to appeal any costs or attorneys fees from the appeal if awarded at the trial court, to make case drag on forever, unless respondent pays off plaintiff to plaintiff's terms. Seems like extortion. Plaintiff is self represented. Is this a situation for the plaintiff to be labeled a "vexatious litigant"? Or what can be done to counter these extortion tactics?

1 Lawyer Answer
Kenneth Sisco
Kenneth Sisco
PREMIUM
Answered
  • Norco, CA
  • Licensed in California

A: Unless there are some important facts left out of your question, you should simply ignore his threats. An appeal does not stay execution on a judgment. Obtain a writ of execution, record an Abstract of Judgment, and start levying on his property and bank accounts. If he wants to stay your efforts while he appeals, he will need to post a bond of at least one and a half times your judgment. He is not likely to want to go to that expense, and if he does, when it is finally over, the bonding company will pay your judgment.

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