Sanction Imposed After Oral Request At Hearing Overturned on Appeal.
In Kleytman v. Pechonkina, Case No. A130779 (1st Dist., Div. 2 Apr. 24, 2012) (unpublished), ex-husband was assessed $1,500 in attorney’s fees as a Family Code section 271 sanction for filing a motion for reconsideration that was denied. Usually, that might not be a problem, but there was a fly in the ointment: the fee request was made orally at a hearing, giving ex-husband no prior notice of what was coming. That, our readers, was a due process violation requiring reversal of the sanctions award.