Wife Was Provided Adequate Notice Of Sanctions Request, Even Though Section 271 Provides No Specificity On Type/Timing Of Notice
This post on Youssefyeh v. Melamed, Case No. B269371 (2d Dist., Div. 3 July 27, 2017) (unpublished) falls in the category that “you cannot make this stuff up.”
Here, wife used “self help” by withdrawing $7.1 million from joint bank accounts based on her fear that she would be left without financial resources, even though this withdrawal was in violation of the automatic temporary restraining order contained in the family law summons and a domestic violence restraining order obtained by husband. Husband gave notice of seeking Family Code section 271 sanctions in ex parte papers submitted in late September 2015, which request was set for a hearing later in November 2015—a hearing at which wife appeared and argued against sanctions. The trial judge ordered 271 sanctions of $50,000 against wife, payable in 45 days.
Wife’s appeal was unsuccessful. Although section 271 does not specify the form of notice nor the amount of notice that must be provided, wife certainly had adequate notice of the sanctions request and appeared to challenge it—due process was satisfied. With respect to the merits of the award, the “self help” by wife did not impress the appellate court either, with wife conceding her actions caused husband to incur not insignificant litigation costs. Section 271 sanctions were justified under these circumstances.