Family Code Section 271 Is Broader than Just Encompassing Activities that Frustrate Settlements.
Both former spouses got hit with attorney’s fees under Family Code section 2032 and 271, although husband was the “net” winner with $14,000 due after offsetting wife’s fee award. The amount was to be paid from wife’s sequestered escrow funds.
Wife lost her appeal of the fee award in Marriage of Folkert, Case No. B201124 (2d Dist., Div. 1 Mar. 30, 2009) (unpublished). Although arguing that she was impermissibly punished for simply frustrating settlement, the appellate panel observed that section 271 is broader—encompassing activities that increase litigation costs, such as wife’s refusal to prepare or agree to a proposed judgment. Aside from that, wife admitted she had assets of $130,300, which showed she had the ability to pay (a determination supported by the fact the $25,000 was to be paid from escrowed funds representing a partial share of wife’s proceeds from the sale of the former home). No abuse of discretion was found with respect to the fee award.
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