CALIFORNIA FAMILY LAW
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Attorney Fees
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Sanctions
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Fam. Code §271
............Amount of Sanctions
9 Cards On This Topic:
Fee award per Fam. Code §271 is sanction. Court may not impose sanction which imposes unreasonable financial burden.
$250,000 in 271 sanctions (plus $140,000 in fees) affirmed.
Amount of sanctions need not compensate for all related fees and costs expended.
Amount of sanctions not limited to actual out-of-pocket costs to other side.
If sanction/fees order is based upon conduct of litigation, financial circumstances of parties should be considered.
Amount of sanctions properly measured by reasonable attorney fees incurred in defending against frivolous appeal.
Amount of sanctions must be commensurate with conduct.
Amount of sanctions ordered against party per former Civil Code section 4370.5 [now Fam. Code §2032] should be scaled to comparative wealth of parties.
Amount of sanctions determined, in part, by offending party's wealth.