July 2012 Vol. 9, No. 2

9.2.3

Attorney Discipline

Case:

Brown v. Wells Fargo Bank, NA (2012) 204 Cal.App.4th 1353

Issue:

Was referral to the State Bar for consideration of discipline warranted of an attorney who filed an appeal of an order permitting a foreclosure sale to proceed, thereby delaying the scheduled sale of client’s home, where the single premise of the appeal – that the order allowing the sale to proceed was issued ex parte -- was false?  

Holding:

Yes.  The Court of Appeal denied plaintiff’s counsel’s request to dismiss the appeal after calendar notice of the appeal had been sent.  The Court found that no viable issue had been raised on appeal, making the appeal frivolous as a matter of law.  (204 Cal.App.4th 1353, 1357.) 

Respondent bank sought no sanctions and the Court of Appeal declined to issue an order to show cause why sanctions payable to the Court should not be imposed.  Instead, the Court of Appeal affirmed the trial court’s judgment allowing the sale to proceed and referred the matter to the State Bar, expressing no opinion on what, if any, discipline should be imposed.  (Ibid.)

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