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§ 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

In one sentenceSection 907 lets a reviewing court add damages to the costs on appeal, in whatever amount seems just, when it appears that the appeal was frivolous or was taken solely for delay.

Full Text of § 907

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When it appears to the reviewing court that the appeal was frivolous or taken solely for delay, it may add to the costs on appeal such damages as may be just.

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.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: frivolous appeal sanctions californiadamages for delay appeal california