Record Showed Husband Did Have Ability To Pay Adverse Sanctions Award.
In Marriage of Lane, Case No. B29872 (2d Dist., Div. 6 Dec. 17, 2014) (unpublished), husband brought a fifth appeal, this time of a $349,381 sanctions award against him and in favor of wife under Family Code section 271 (the fee-shifting provision allowing fees to be awarded as a sanction for uncooperative litigants or litigants attempting to take actions not resolution oriented in nature).
The appellate court reduced the award by $180, taking out one unrelated billing entry, but otherwise affirmed the $39,381 net award. Husband’s main argument was that he did not have the ability to pay, but this was belied by the $1.6 million in pension/IRA money and the $300,000 in real property which he owned despite filing 35 post-judgment motions, 4 prior appeals, and a Chapter 7 bankruptcy. (Whenever an appellate panel starts out by saying “fifth appeal,” you know things may not be going well for you.)
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