CALIFORNIA FAMILY LAW
...Attorney Fees
......Sanctions
.........Against Attorney
............Notice Required
 11 Cards On This Topic:
  • Notice is required for an award of attorney fees against counsel as sanctions.
  • Notice and hearing required before imposition of sanctions against attorney.
  • A request in a closing brief is not a proper method to seek sanctions.
  • Where both CCP 128.7 (b)(1) and (b)(2) violated, trial court could impose sanctions against both attorney and client under (b)(1): Reese & Guy wording clarified.
  • Sanctions against trustee/attorneys re trust's internal affairs governed by CCP 128.5, not CCP 128.7 as proceedings arose from filing of will in 1974, not post-1994 motion to remove trustee.
  • Required notice may be given by court so issue of sanctions can be addressed in briefs and oral argument. Separate hearing not required.
  • No sanctions per Code Civ. Proc. §128.5 without stating reasons in advance and giving attorney opportunity to respond.
  • Requests for sanctions for conduct arising at trial do not normally require separate hearing.
  • No sanctions against attorney without fair warning and opportunity to be heard.
  • No sanctions against attorney personally without prior notice.
  • No sanctions against attorney personally without prior notice.


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