An Appellate Court Has The Inherent Power Under The “ Disentitlement Doctrine ” To Dismiss An Appeal By A Party Who Refuses To Comply With A Lower Court Order.

Defendants, an individual and a corporation located in New York, appealed from a California judgment in favor of plaintiffs, but did not post a bond to stay enforcement of the judgment.  Plaintiffs registered the judgment in New York and proceeded with execution. Defendants did not comply with a New York subpoena or with a New York court order compelling compliance with the subpoena, and defendants were held in contempt of the New York court. The California appellate court dismissed the California appeal from the underlying judgment under the “ disentitlement doctrine,” which provides that an appellate court “may dismiss an appeal where there has been willful disobedience or obstructive tactics.”  Stoltenberg v. Ampton Investments, Inc. (Cal. App. Second Dist.; April 4, 2013) 215 Cal.App.4th 161.