Family Law: Section 271 Sanctions Of $1,000 Assessed Against Ex-Husband’s Counsel Was Reversed On Appeal

Section 271 Sanctions Can Only Be Awarded Against A Party; Proper Remedy Is To Seek CCP § 128.5 Sanctions Against Counsel.

            A family law judge assessed Family Code section 271 sanctions of $1,000 against ex-husband’s attorney.  That award was reversed in Martinez-Huff v. Huff, Case No. B284241 (2d Dist., Div. 3 July 18, 2019) (unpublished) because section 271 sanctions can only be assessed against a party, not a party’s counsel.  (Burkle v. Burkle, 144 Cal.App.4^th 387, 403 n. 7 (2006); Orange County Dept. of Child Support Services v. Superior Court, 129 Cal.App.4^th 798, 808 (2005).)  The proper remedy was to seek CCP § 128.5 sanctions against counsel, something which was not done.  (In re Marriage of Daniels, 19 Cal.App.4^th 1102, 1110 (1993) [construing predecessor statute].)