Losing Party’s Right To Live Testimony Under Family Code Section 217 Is Forfeited Unless Party Requests Party To Appear At Hearing.
The 4/1 DCA, in Marriage of George & Deamon, Case No. D073667 (4th Dist., Div. 1 May 17, 2019) (published), decided that a trial judge can decide a Family Code section 271 sanction motion based on declarations. The lower court ordered sanctions against ex-wife based on declaration testimony. She primarily argued on appeal that live testimony was required under Family Code section 217. Although agreeing up to a point, the appellate court determined that ex-wife forfeited the right to live testimony by not requesting the other side (her ex-husband) to appear at the OSC pursuant to a notice to appear pursuant to CCP § 1987(b), which is incorporated into family law proceedings via Family Code section 210.