No Injury Required to Opposing Party Under Section 2107(c).
A lower court in Marriage of Young, Case No. B234768 (2d Dist., Div. 6 July 23, 2013) (unpublished) decided that a husband, after four years of “active” litigation, should have to pay sanctions to wife of $120,000 under Family Code section 2107(c) [mandating candid asset disclosure in a dissolution proceeding] and section 271 [allowing sanctions for uncooperative, exacerbated litigation conduct].
The appellate court affirmed.
The record showed that husband had sought to conceal assets, withdrawn community debt allegations after costly litigation maneuvers, and attempted to engineer sham property transfers. Because wife did not have to show injury to herself as a prerequisite under 2107, the family law judge did not abuse any discretion in fashioning the sanctions award against husband.