Thursday, March 15, 2012

Bad Behavior Makes for Large Bill

Wife appealed from a trial court order requiring her to pay $552,000 as sanctions and fees to her former husband with respect to two post-dissolution matters. However, she found that her endless and reckless pursuit to achieve her desired result was not a view shared by the Court of Appeals.

At trial, Wife had assets of at least $6 million, though Husband claimed that she had over $30 million in assets. Wife’s ‘war’ on Husband, included not following the court's orders, not appearing in court, and failing to even accept the court's authority to make orders. The Court found her conduct “reckless”, saying that Husband had met his burden of showing that Wife dilatory and uncooperative conduct frustrated the policy of the law to promote settlement of litigation and cooperation among litigants. Further, the Court of Appeals stated that portions of the litigation lacked any legitimate legal basis.

The Court of Appeals affirmed the trial court’s orders. In fact, additional sanctions of $15,000 were imposed against the Wife and $10,000 against her appellate counsel on a finding that the appeal was frivolous.

In re Marriage of Wahl and Perkins
California Courts of Appeal, Sixth District
Case Number: H035712
Date Filed: February 2, 2012

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