None Of Ex-Wife’s Papers Before A Critical Hearing Specifically Referenced Section 271, Requiring A Reversal Without Prejudice.
This next case, Marriage of Bauer, Case No. H041338 (6th Dist. Aug. 10, 2018) (unpublished), teaches an important due process lesson in family law cases: if you are going after fees as Family Code section 271 sections (not being cooperative or trying to resolve the case), make sure your papers or briefs cite the section specifically.
What basically happened was that ex-wife failed to cite section 271 in her latter requests for order or trial briefs, despite doing it in prior hearings at which the requests were denied for the time being. Ex-husband raised the argument he did have notice or opportunity to be heard, with the appellate court agreeing and reversing the trial judge’s $50,000 sanctions award without prejudice. The reason was ex-wife’s failure to comply with Parker v. Harbert, 212 Cal.App.4th 1172, 1178 (2012), which holds that due process requires that a notice for section 271 sanctions must specify the authority relied upon and must advise of the specific grounds/conduct on which sanctions are to be based.