What is the test for a family law judge to order an attorney fee under section 271 of the California Family Law Act?

California, United States of America


The following excerpt is from Gordon v. Stein (In re Gordon), B260994 (Cal. App. 2016):

"The purpose of section 271 is ' "to promote settlement and to encourage cooperation which will reduce the cost of litigation." [Citation.]' [Citation.] 'Family law litigants who flout that policy by engaging in conduct that increases litigation costs are subject to the imposition of attorneys' fees and costs as a sanction. [Citations.]' [Citations.]" (Parker v. Harbert (2012) 212 Cal.App.4th 1172, 1176-1177.) We review an attorney fee award under section 271 for abuse of discretion, and " ' "we will overturn such an order only if, considering all of the evidence viewed most favorably in its support and indulging all reasonable inferences in its favor, no judge could reasonably make the order. [Citations.]" [Citation.]' " (Id. at p. 1177, fn. omitted.)

Other Questions


Does section 11362.5 of the California Criminal Code (i.e. a modified order) contain the "requirements of [section 11362] 113625" in the modifying order? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Is a family law client entitled to attorney's fees and costs under section 271 of the California Family Law Act? (California, United States of America)
When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
What is the test for ordering a state prisoner to pay the cost of his attorney's fees under section 987.8 of the California Penal Code? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
Can a judge order a no contact order in a motion brought by the Attorney General? (California, United States of America)
Does a discretionary restitution order under section 1202.4 of the California Criminal Code apply to a grant of probation under the California Probation Act? (California, United States of America)
When a judge makes a judgment in a minute order, does the judge have to deliver the abstract in an oral order? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.