What is the definition of a frivolous claim?

California, United States of America


The following excerpt is from Marriage of Flaherty, In re, 183 Cal.Rptr. 508, 31 Cal.3d 637, 646 P.2d 179 (Cal. 1982):

This lack of definition presents a problem both for attorneys and for the administration of justice. Counsel face the danger of being trapped between their obligation to their clients to diligently pursue any possibly meritorious claim, and their obligation to the judicial system to refrain from prosecuting frivolous claims. "[A]n attorney is often confronted with clashing obligations imposed by our system of justice. An attorney has an obligation not only to protect his client's interests but also to respect the legitimate interests of fellow members of the bar, the judiciary, and the administration of justice." (Kirsch v. Duryea (1978) 21 Cal.3d 303, 309, 146 Cal.Rptr. 218, 578 P.2d 935.)

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
Can a claim be made against a claim that there is no assumption of liability or assumption of liabilities by the claim? (California, United States of America)
What is the test for determining whether a claim or claim arising from a motor vehicle accident is a claim for damages arising from an accident? (California, United States of America)
How have courts interpreted the definition of a "mining claim" in the context of a claim for unpaid wages? (California, United States of America)
How have courts treated the issue of ineffective assistance claims in the context of an ineffective assistance claim? (California, United States of America)
Can a claim be denied on the basis that the claim is not alleged in the complaint? (California, United States of America)
What are the procedural requirements of a tort claim under the California Tort Claims Act for damages arising out of contract? (California, United States of America)
What is the definition of "presence" in the context of a trespass claim under the trespass act? (California, United States of America)
Can a juror who has a claim against a defendant's mother for improper contact with the jury have such a claim forfeited? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.