CALIFORNIA FAMILY LAW
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Attorney Fees
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Sanctions
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Fam. Code §271
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Notice required for award of sanctions per Fam. Code §271.
Procedural prerequisites for imposition of sanctions.
Wife had adequate notice she might be sanctioned under FC §271 and had ability to pay sanctions; whether or not separate hearing required, W waived issue.
When motion for sanctions against party and her attorney noticed under Code Civ. Proc. §128.7, trial court may not impose sanctions under Code Civ. Proc. §128.5.
Notice and opportunity to be heard must be accorded before sanction order may be entered.
Required notice may be given by court so issue of sanctions can be addressed in briefs and oral argument. Separate hearing not required.
Notice generally required before sanctions may be requested against an attorney.