Does the term "frivolous" need to be defined as either objective or subjective?

California, United States of America


The following excerpt is from Smith v. Selma Cmty. Hosp., 10 Cal. Daily Op. Serv. 11, 603, 115 Cal.Rptr.3d 416, 188 Cal.App.4th 1, 2010 Daily Journal D.A.R. 13 (Cal. App. 2010):

Webster's Third New International Dictionary, supra, page 913 defines "frivolous" to mean "of little weight or importance: having no basis in law or fact: light, slight, sham, irrelevant, superficial...." We find this term ambiguous, because its plain and ordinary meaning does not indicate whether it imposes an objective standard, a subjective standard, or both. (See In re Marriage of Flaherty, supra, 31 Cal.3d at p. 649, 183 Cal.Rptr. 508, 646 P.2d 179.) Furthermore, California case law has adopted more than one standard for the term "frivolous." Under Code of Civil Procedure section 128.7, for example, frivolity is determined using an objective standard. ( Burkle v. Burkle (2006) 144 Cal.App.4th 387, 401, 50 Cal.Rptr.3d 436.) Elsewhere, courts have stated that the term includes both objective and subjective standards. (See **444 Millennium Corporate Solutions v. Peckinpaugh (2005) 126 Cal.App.4th 352, 360, 23 Cal.Rptr.3d 500 [sanctions imposed for frivolous appeal].)

Other Questions


Is Proposition 8 a single subject subject to the single subject rule? (California, United States of America)
Does a defense counsel have to make a futile motion or meritless objection to an ex post facto objection? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
What is the test for sustaining multiple prosecution objections and overruling multiple defense objections at trial? (California, United States of America)
Is a defendant entitled to an objection at trial when the prosecution fails to disclose to the defense the facts supporting the objection? (California, United States of America)
What is the consequence of defendant's failure to make a timely and specific objection on an objection to a motion of motion? (California, United States of America)
Can a new objection and waiver rule be applied retroactively when existing law does not require an objection? (California, United States of America)
Does a defense counsel's failure to request a pinpoint instruction explaining that a subjective rather than objective test applies to reduce murder from first to second degree forfeited the argument? (California, United States of America)
What is the test for a failure to object on a motion of no objection? (California, United States of America)
Does a party have to be excused for failing to raise an objection at trial where any such objection would have been futile? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.