§ 907.Frivolous Appeal Or Appeal Taken For Delay
Title 13. Appeals In Civil Actions · Chapter 1. Appeals in General · Enacted 1968 · no amendments on record · Last verified July 28, 2026
Full Text of § 907
Plain-English Summary
Appeals cost the opposing party time and money to defend, and they can also be used as a tactic to put off the day a judgment gets enforced. Section 907 gives the reviewing court a tool against both problems: when it appears the appeal was frivolous, or was taken solely for delay, the court may add damages to the costs awarded on appeal, in whatever amount seems just under the circumstances.
The standard is deliberately open — the statute doesn't fix a formula or a cap, leaving the amount to the reviewing court's judgment. This sanction operates alongside, not instead of, the ordinary award of costs to the prevailing party on appeal; it's an additional penalty reserved for appeals the court views as an abuse of the appellate process itself.
Frequently Asked Questions
What can happen to a party who files a frivolous appeal in California?
The reviewing court may add damages to the costs on appeal, in an amount the court finds just, under § 907.
Does § 907 apply only to appeals meant to delay enforcement of a judgment?
No, it applies to appeals that appear frivolous as well as those taken solely for delay — either finding can support an award of damages.
Is there a set amount of damages a court must award under this section?
No. The statute leaves the amount to the reviewing court's discretion, requiring only that it be just.
Amendment History
Added by Stats. 1968, Ch. 385.