Reason Is That 271 Sanctions Do Not Lie Against An Attorney, Just The Litigant.
In Marriage of Noble, Case No. H041148 (6th Dist. Aug. 3, 2016) (unpublished), wife’s attorney challenged a $6,000 discovery sanctions award against her and a separate $10,000 sanctions award against her under Family Code section 271. The appellate court affirmed the $6,000 award, but reversed and remanded with respect to the $10,000 award.
The 271 award has to be reversed because 271 sanctions are only awardable against a party, not an attorney. CCP §§ 128.5 and 128.7 are the proper statutes to sanction attorneys under the circumstances. (Marriage of Daniels, 19 Cal.App.4th 1102, 1110 (1993).) Because section 271 was the stated ground for the $10,000 sanctions award, the order had to be reversed and remanded with directions that the lower court determined sanctions under applicable, appropriate law.