Can a reasonable person reasonably expect to succeed on an appeal?

California, United States of America


The following excerpt is from DC Partners, Inc. v. Gnessin, G052593 (Cal. App. 2017):

While we make no judgment about motives, this appeal is totally and completely without merit - if only because of the lack of an adequate record. A reasonable person with a basic knowledge of appellate law and procedure could not possibly have expected to succeed. (See Kunza v. Gaskell (1979) 91 Cal.App.3d 201, 211 [appellant "could not conceivably have anticipated a successful appeal"].)

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