Fourth District Court of Appeal, Division one: Definition of frivolous appeal, Published opinion.
“ ‘[A]n appeal should be held to be frivolous only when it is prosecuted for an improper motive—to harass the respondent or delay the effect of an adverse judgment—or when it indisputably has no merit—when any reasonable attorney would agree that the appeal is totally and completely without merit.’ ” (In re Reno (2012) 55 Cal.4th 428, 513, quoting In re Marriage of Flaherty (1982) 31 Cal.3d 637, 650.) “However, any definition must be read so as to avoid a serious chilling effect on the assertion of litigants’ rights on appeal. Counsel and their clients have a right to present issues that are arguably correct, even if it is extremely unlikely that they will win on appeal. An appeal that is simply without merit is not by definition frivolous and should not incur sanctions.” (In re Marriage of Flaherty, at p. 650.) An appeal is not frivolous if any of the legal points raised are arguable on their merits. (In re Marriage of Flaherty, supra, 31 Cal.3d at p. 649, citing Anders v. California (1967) 386 U.S. 738, 744.)


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