Custom Craft Carpets, Inc. v. Miller

Opinion

THE COURT.

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On December 16, 1981, we filed our opinion in this matter, a copy of which is appended hereto. Subsequently the Supreme Court granted a

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hearing. Thereafter two events transpired. (1) The Supreme Court filed its opinion in the case of

In re Marriage of Flaherty

(1982) 31 Cal.3d 637 [183 Cal.Rptr. 508, 646 P.2d 179], and (2) the Supreme Court retransfered this case to this court with instructions to reconsider in light of the decision in

In re Marriage of Flaherty.

Following the teaching of

In re Marriage of Flaherty,

this court on September 2, 1982, notified the parties that it still considered the previous appeal to be frivolous for the reasons set forth in the prior opinion and requested the parties to respond in writing to the issue of sanctions and to appear for oral argument and hearing on October 19, 1982.

Written briefs were filed by both sides and the matter came on for hearing on the appointed date. Extensive argument was presented by both sides and the matter was then taken under submission.

It is important to note that in responding to our notice of September 2, 1982, and at the hearing in open court appellant was represented by counsel other than the one who perfected the original frivolous appeal.

It is further important to note that a factor contributing to our original conclusion that the entire litigation in this case, including the appeal, was vexatious, frivolous and a sham, was the slipshod and inarticulate nature of the pleadings in the trial court and the brief on appeal.

In response to our notice of September 2, 1982, present counsel filed a brief in which he vigorously and professionally argues the merits of the appeal. He also vigorously and capably reargued the merits of the appeal at the hearing. We commend him on his advocacy.