However, Sanctions For Frivolous Appeal Denied, With Appellate Court Telling Both Sides To “Behave.”
In Marriage of Weiss, Case No. D065042 (4th Dist., Div. 1 June 22, 2015) (unpublished), husband was sanctioned for $22,500 in fees under Family Code section 271’s sanction statute, about one-third of wife’s request. Husband appealed it, but the appellate court found that the sanctions were justified because (1) there was no legal basis for husband filing an annulment petition when the parties had a longstanding romantic relationship spanning 8 years, (2) husband waited until the eve of the annulment trial to withdraw his claim, and (3) husband reported the annulment petition to the INS. Although section 271 is not a provision requiring a needs-based analysis, husband had plenty of assets and cash flow to absorb the fee award.
Wife wanted sanctions for a frivolous appeal, but that was denied. “In reaching this conclusion, we remind both parties and their counsel of the importance of adhering to the policies underlying the family law statutes, which require parties to cooperate and work together to reduce litigation costs. On our review of the record, we agree with the trial court that both parties engaged in inflammatory and unproductive litigation, and we echo the court’s concerns that neither party’s counsel has used his or her best efforts to reduce the level of hostility and acrimony in the litigation. We urge counsel to do so in the service of their clients’ best interests.” (Slip Opn., pp. 15-16.)