Countywide : Appeal Court Doubles Fine in ‘Frivolous’ Case

A county man who appealed a $750 fine for filing a “frivolous” motion in Superior Court lost his case and was fined another $1,500 for pressing his claim in appellate court.

In an opinion made public Thursday, the state Court of Appeal in Santa Ana affirmed the $750 fine imposed against Dr. Lyle H. Prenzler and then fined Prenzler another $1,500 for filing a “frivolous” appeal.

Prenzler, a physician, had successfully claimed he was indigent, and was allowed to appeal without paying the normal fees. His claim that he could not be fined because he was without funds was also rejected in an opinion written by Justice Thomas F. Crosby Jr. and joined in by Justices Sheila Sonenshine and Edward J. Wallin.

Prenzler, who was serving as his own attorney, had filed suit against two banks in Superior Court, claiming that they had mishandled property involved in his divorce. Although state law gave one bank 35 days to respond, Prenzler demanded an answer within two weeks, according to the decision.

When he lost the argument in Superior Court, he was fined $750, and then another $1,500 when he appealed.