The court in Robertson v. Larkspur Courts (D1d1 May 2, 2023) No. A166818 (nonpub. opn.) could have done worse to the recalcitrant plaintiff than just dismiss his appeal.
In this landlord-tenant dispute over a mold issue, the parties stipulated to a judgment. The landlord did its part and paid Robertson $28,000 as agreed. But then Robertson refused to dismiss his action with prejudice. Robertson previously appealed from the stipulated judgment, which was (predictably) affirmed. Robertson also appealed from a sanctions award, which was also affirmed.
Meanwhile, Robertson was racking up appellate costs awards against him. And—would you believe it?—Robertson also refused to pay those.
Growing tired of waiting around for Robertson’s compliance, the trial court deemed the release to be signed and dismissed Robertson’s case. Robertson then appealed from that dismissal.
The Court of Appeal had no trouble concluding that Robertson’s appeal should be dismissed under the disentitlement doctrine. Robertson “unreasonably prolonged the litigation while burdening respondents, the trial court, and us with his voluminous filings and meritless arguments. We decline to entertain yet another appeal by someone who displays such disregard for court orders and the legal process.”
Comment: Here, in addition to dismissal, the appeal itself—from a dismissal based on a stipulated judgment—may have been objectively frivolous as well, supporting appellate sanctions. Recall McQueen v. Huang, where “gamesmanship” in the trial court supported sanctions in the appellate court.