CALIFORNIA FAMILY LAW
...Attorney Fees
......Sanctions
.........Fam. Code §271
............Amount of Sanctions
10 Cards On This Topic:
  • Fee award per Fam. Code §271 is sanction. Court may not impose sanction which imposes unreasonable financial burden.
  • FC §271 sanctions may include prospective attorneys fees and costs, but the amount must be tethered to the evidence.
  • $250,000 in 271 sanctions (plus $140,000 in fees) affirmed.
  • Amount of sanctions need not compensate for all related fees and costs expended.
  • Amount of sanctions not limited to actual out-of-pocket costs to other side.
  • If sanction/fees order is based upon conduct of litigation, financial circumstances of parties should be considered.
  • Amount of sanctions properly measured by reasonable attorney fees incurred in defending against frivolous appeal.
  • Amount of sanctions must be commensurate with conduct.
  • Amount of sanctions ordered against party per former Civil Code section 4370.5 [now Fam. Code §2032] should be scaled to comparative wealth of parties.
  • Amount of sanctions determined, in part, by offending party's wealth.