This Component Was Not Tethered To Fees And Costs, So Not Recoverable.
We predict that Marriage of Sagonowky and Kekoa, Case Nos. 142866/A143234 (1st Dist., Div. 5 Dec. 21, 2016) (partially published; sanctions award discussion published) is going to generate quite a stir in the family law sanctions arena and might be a candidate for California Supreme Court review.
In this one, ex-wife was sanctioned a total of $767,781.23 under Family Code section 271 for driving up the costs of litigation and frustrating settlement efforts, with ex-wife not really arguing on appeal that the “merits” bases for the award were not present. However, on appeal, she did argue that $500,000 for general culpable conduct and $180,000 for causing a reduction in the sales price of real property awarded to ex-husband were not properly awardable because they were not tethered to “attorney’s fees and costs” recovery as limited under section 271.
The 1/5 DCA agreed, reversing the $680,000 component as a matter of law. Section 271 was clear in its limitations such that the two pieces of the award were infirm because they were not tethered to fees and costs. In doing so, it distinguished cases such as Corona, Quay, Feldman, and Falcone and Fyke in the process, cases frequently cited as broadly allowing for imposition of section 271 sanctions.