$35,000 Sanctions Award Against Client and Counsel Reversed.
Marriage of Suther, Case No. E051292 (4th Dist., Div. 2 Mar. 19, 2012) (not for publication) involved a $35,000 joint sanctions award against client and attorney for trying to recuse a judge in a family matter. It was reversed on appeal because of procedural defects, two in nature: (1) only a “safe harbor” letter–not a motion was filed; and (2) the letter went out as a warning after the denial of the recusal, which violated the sanctions rationale of allowing the offending party to withdraw the recusal. The appellate court did intimate that a Family Code section 271 sanctions award might be appropriate vis-a-vis client, but did not have to reach the matter. Sanctions award reversed.