Family Law, Sanctions: Husband’s Dismissal of Joinder Complaint Involving Wife’s Brother Did Not Divest Lower Court Of Jurisdiction To Impose Sanctions Against Brother And In Favor Of Husband For Frivolous Motion Under Family Code Section 271

$58,400 In Sanctions Were Imposed.

            In In re Marriage of Blake & Langer, Case No. B311966 (2d Dist., Div. 4 Nov. 10, 2022) (published), husband filed a joinder complaint against wife’s brother and wife’s father in wife’s dissolution action.  Wife’s brother filed a frivolous motion to disqualify husband’s attorneys.  Husband filed a Family Code section 271 sanctions motion against wife’s brother, with the lower court requesting supplemental documentation and with husband voluntarily dismissing his joinder complaint against both wife’s brother and father.  Later, the lower court awarded husband $58,400 in sanctions as against wife’s brother.

            The appellate court rejected brother’s argument that husband’s voluntary dismissal of the joinder complaint divested the lower court of jurisdiction to impose 271 sanctions, because the sanctions proceeding was a collateral one and the procedural posture of the dismissal was inconsequential.  (See Day v. Collingwood, 144 Cal.App.4^th 1116, 1125-1126 (2006).)