Family Law: Assessment Of $30,000 In Section 271 Sanctions Against Husband Was No Abuse Of Discretion

First District Was Not Persuaded By Husband’s Claim That The Sanctions Equated To 30% Of His Total Net Worth.

            Husband in Lacourciere v. Lacourciere, Case No. A155881 (1^st Dist., Div. 1 June 1, 2020) (unpublished) appealed a $30,000 Family Code § 271 sanctions award assessed against him to the benefit of his Wife.  He argued abuse of discretion claiming the sanctions award constituted an unreasonable financial burden on him as it equated to 30% of his total net worth, but the 1/1 DCA did not bite. 

            First, husband had forfeited the argument by failing to oppose the award in the lower court on the basis of its relation to his net worth.  Second, even if husband had preserved the argument, it was without merit as the record on appeal clearly demonstrated that the lower court considered husband’s annual earnings of substantially more than $200,000 and assets.  Husband’s claims on appeal concerning the value of his assets and net worth simply were not supported by the record.  Finally, although not discussing in detail husband’s conduct which gave rise to the sanctions, the 1/1 DCA commented that husband “has only himself to blame for any financial pressure he faces as a result of the attorney fee order” as the lower court’s order was “eminently fair” based on husband’s “truculent and self-defeat[ing]” behavior in failing to act in good faith, not being forthright in his financial disclosures, and over-litigating the case.