Kington v. Fong
193 Cal. App. 4th 278
| Cal. Ct. App. | 2011Background
- Gary and Marci separated in 2002; no children; marital assets to be determined; Marci filed for dissolution in 2002.
- Marci delayed listing community property, asserting assets would be determined at trial; she served a preliminary declaration in 2005.
- Judgment of dissolution entered 2006; the court imposed various murder? (rephrase: restricted transfers; granted sanctions for discovery issues?)
- In 2007 Marci sought sanctions, discovery stays, and attorney/ accountant fees; the court awarded $100,000 in fees and sanctions pending future reallocations.
- In 2009 a hearing on sanctions occurred; court ordered $200,000 monetary sanctions and $100,000 under Family Code 271; Gary appealed.
- Appellate court reversed the $200,000 monetary sanctions for failure to serve a final declaration before filing the motion; affirmed the $100,000 under 271.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2107(c) sanctions require a final disclosure | Marti claims sanctions proper despite disclosure timing | Gary argues final declaration timing bars sanctions | Monetary sanctions barred without final declaration prior to motion |
| Whether 271 sanctions were properly awarded | Marti contends Gary’s conduct increased costs and frustrated settlement | Gary argues lack of consideration of his ability to pay; excessive | 271 award affirmed; consideration of income/assets required but not abused |
| Whether a statement of decision was required | Gary requested a SOD for the factual/legal bases | No SOD needed for motion ruling | No statement of decision required |
| Whether the record supports the finding that Gary frustrated settlement | Marti relied on Gary’s evasive/disorganized disclosure | Gary claims partial cooperation and disclosure | Trial court’s finding that Gary frustrated settlement sustained |
Key Cases Cited
- In re Marriage of Feldman, 153 Cal.App.4th 1470 (Cal. App. 4th 2007) (monetary sanctions under 2107(c) may be awarded without harm showing)
- Elden v. Superior Court, 53 Cal.App.4th 1497 (Cal. App. 4th 1997) (clarifies remedies limited to compulsion before sanction)
- In re Marriage of McLaughlin, 82 Cal.App.4th 327 (Cal. App. 4th 2000) (treats 2107 remedies as limited to complying party)
- Gruendl v. Oewel Partnership, Inc., 55 Cal.App.4th 654 (Cal. App. 4th 1997) (exceptional statement-of-decision rule discussed for post-judgment motions)
- Maria P. v. Riles, 43 Cal.3d 1281 (Cal. 1987) (context on statements of decision and motion rulings)