Family Law: Family Law Judge’s Family Code Section 271 Sanctions Reversed And Remanded Based On “Double Dips,” Due Process Grounds, And Client Not Being Liable For Them

Opinion Demonstrates That Fees Must Be Specifically Targeted To Independent Conduct Not Previously Sanctioned And To Conduct For Which Due Process Concerns Are Honored.

            In Marriage of Bentley, Case No. H043593 (6^th Dist. Nov. 13, 2018) (unpublished), the family law judge imposed various Family Code section 271 sanctions against ex-wife. Some of them were reversed and remanded for determination. First up, a$10,000 sanctions award was too much because it included the amount of a prior discovery violation sanctions order (put another way, a “double dip”). Second, ex-wife could not be sanctioned for not showing up at an ex parte hearing because she had no notice she could be subject to sanctions. Third, she could not be sanctioned for failing to show up at scheduling conferences because she was not ordered to be present and she appeared through an attorney.