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Cal. Prac. Guide Family L. Ch. 14-A

California Practice Guide: Family Law

Judge William P. Hogoboom (Ret.), Justice Donald B. King (Ret.), Contributing Authors: Judge Kenneth A. Black(Ret.), Judge Thomas Trent Lewis, Michael Asimow, Bruce E. Cooperman

Chapter 14. Attorney Fees, Costs And Sanctions

 A. Fees And Costs Awards

h. Amount of sanction

(1) [14:245] Not limited to consequential expenses: Fam.C. § 271, unlike other sanctions statutes (e.g., CCP §128.7, ¶ 14:89), does not require a direct correlation between the amount of the sanction imposed and expenses

incurred in resisting the sanctionable conduct. Thus, potentially greater sanctions are awardable under Fam.C. §271. [ Marriage of Corona (2009) 172 CA4th 1205, 1226–1227, 92 CR3d 17, 35; see Marriage of Falcone & Fyke (2012) 203 CA4th 964, 138 CR3d 44 —“it is of no moment” that some portion of § 271 sanctions can be “pigeon-

holed” outside actual costs incurred by moving party in resisting sanctionable conduct]

Moreover, under appropriate circumstances, the family court may impose § 271 sanctions for attorney fees incurredin a different  case. [See Burkle v. Burkle (2006) 144 CA4th 387, 400, 403, 50 CR3d 436, 445, 448, fn. 7] 

(a) [14:245.1] Compensation for all consequential fees/costs not required:  By the same token, there is no

“minimum” limit on a § 271 sanctions assessment. Thus, nothing in the statute requires that the sanction imposed

compensate for all fees and costs expended as a result of the sanctionable conduct. [ Marriage of Battenburg (1994) 28 CA4th 1338, 1345–1346, 33 CR2d 871, 875] 

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(b) [14:248] Distinguish—“comparative wealth” irrelevant to propriety  of sanction award:  “Comparative

wealth” bears only on the amount   of the § 271  sanctions assessment. Unlike § 2030  need-based awards, the parties’ “relative circumstances” are irrelevant   to the determination of whether   to make the award. [Fam.C. §271(a) —applicant spouse need not demonstrate financial need]

[14:249] Reserved .

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