Bad Faith Not a Necessary 271 Predicate.
The Fifth District in Marriage of Franco, Case No. F065488 (5th Dist. Dec. 17, 2013) (unpublished) affirmed a $1,500 attorney’s fees award against wife under Family Code section 271, a sanctions-type provision allowing fee shifting where a party tries to discourage settlement in family law matters.
Husband earlier had agreed to a stipulation she proposed to change spousal and child support obligations, which stipulation was entered as a court order. Husband then moved to enforce the settlement when wife tried to undo it (based on the argument that omitting certain business income was against public policy under child support law). He was successful in enforcing the stipulation and also awarded the 271 sanctions.
The reviewing court found the stipulation was not against public policy. Also, although both parties argued over whether bad faith was shown, this was not a necessary predicate for a 271 award–it was enough wife was trying to frustrate the stipulated settlement previously reached. The fee award, ergo, was affirmed.