Purpose Of These Sanctions Is To Spur Candidness Between Parties To Dissolution Action.
In Marriage of Gutierrez, Case No. B291507 (2d Dist., Div. 8 May 6, 2020) (published), among other things, father was sanctioned under Family Code §§ 1101(g) [fee sanctions against spouse violating fiduciary duty of disclosing assets] and 271 [sanctions for prolonging litigation/not promoting settlement] when he failed to make proper disclosures about a different house. Father appealed to no avail, misunderstanding the nature of these statutory provisions. They are not designed to punish past wrongs, but instead were enacted to spur good conduct in terms of both sides being candid with each and the court. Here was the takeaway by the deciding panel: “Couples dissolving their bonds thus must grasp the importance of candor. They, and their attorneys, must understand concealment will be costly and counterproductive.” (Original emphasis.)
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