Q: California Court of Appeals question
We prevailed as plaintiff in superior court, and are now respondents in court of appeals. Case not been briefed yet, but recently we had to file motion for sanctions against the appellants. Hard call because we know appellate courts are not crazy about such motions (or about pro se litigants...), but appellant continues to make false + extremely prejudicial statements in filings (eg misrepresenting past results for matters that didn't even involve the parties, and misrepresenting that their filed appeal is a follow on to those misrepresented prior case) . Right after we filed that motion, we received email threatening filing sanctions of their own. A week after we were served with notice of a new lawsuit against us in a NEW venue (even though everything has been done in the current venue), for matters that were already litigated an between the same parties. We feel that those new developments are serious enough to augment to our filed motion, but are reticent so not to upset court?
A:
It sounds like you're in a challenging situation, especially with the complexities of appellate court procedures and the new developments in your case. Filing a motion for sanctions is always a sensitive step, and appellate courts do tend to approach them cautiously, as you've noted. However, if the opposing party continues to make false and prejudicial statements, it’s important to defend the integrity of the case. If the new lawsuit they're filing covers the same issues already litigated, that could strengthen your position, as courts generally frown on duplicative litigation.
You could consider supplementing your motion for sanctions to include these recent developments, but it’s wise to tread carefully. If the new lawsuit or the threatening behavior can be shown to be part of a pattern of harassment or bad faith litigation, the court may take that seriously. However, it’s also important to maintain a respectful tone and not risk frustrating the appellate court, which may be less receptive to procedural disputes.
If you're unsure how to proceed, you could ask for guidance on whether these new developments rise to the level that justifies adding to your current motion. At the same time, you might want to prepare for how to respond if the other party follows through with their threat to file their own sanctions motion. Being ready with clear evidence and a calm response will serve you well in either case.
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