CALIFORNIA FAMILY LAW
...Attorney Fees
......Sanctions
.........Fam. Code §271
............Notice Required
7 Cards On This Topic:
  • Notice required for award of sanctions per Fam. Code §271.
  • Procedural prerequisites for imposition of sanctions.
  • Wife had adequate notice she might be sanctioned under FC §271 and had ability to pay sanctions; whether or not separate hearing required, W waived issue.
  • When motion for sanctions against party and her attorney noticed under Code Civ. Proc. §128.7, trial court may not impose sanctions under Code Civ. Proc. §128.5.
  • Notice and opportunity to be heard must be accorded before sanction order may be entered.
  • Required notice may be given by court so issue of sanctions can be addressed in briefs and oral argument. Separate hearing not required.
  • Notice generally required before sanctions may be requested against an attorney.