$4,000 Out of $25,000 Expended by Husband Found to be No Abuse of Discretion.
Link to our category “Family Law” to discover lots of posts on Family Code section 271. This statutory provision allows family law judges to sanction cantankerous litigants with attorney’s fees for failing to promote settlement or cooperation in family law proceedings. It has in the past, and still does, result in many, many fee awards against surprised litigants. The next case we look at is no exception.
Marriage of Reyes, Case No. B217033 (2d Dist., Div. 2 May 17, 2010) (unpublished) involved a section 271 sanctions award against wife and in favor of husband, who expended about $25,000 in fees and costs battling numerous dissolution proceeding battles. The record showed that wife brought many claims without substantiating evidence and then argued (quite inconsistently) that a governing precedent should only apply in her favor but not for the benefit of her husband.
Wife appealed. She didn’t do so well.
The record showed no abuse of discretion in the award. Beyond that, she did have assets to pay the $4,000 award, and wife did not support her fee award with the requisite attorney declaration. No problem affirming this one, said the appellate court.