Sagonowsky v. KekoaAnnotate this Case
The parties married in 1992 and divorced in 2005. During their ongoing “litigation war” the court granted husband Family Code section 2711 sanctions of $767,781.23, including: $500,000 for wife’s “relentless and culpable conduct” in “driv[ing] up the cost of the litigation” and “purposefully frustrat[ing]" the settlement; $180,000 for causing a reduction in the sale price of property awarded to husband in the dissolution judgment; and $45,000 in interest on husband’s attorney fees. The court also awarded husband $28,510 in rents and security deposits that wife received on properties awarded to husband in the dissolution judgment. The court of appeal reversed in part. Section 271 sanctions are limited to “attorney’s fees and costs” so the court erred by imposing sanctions for conduct in increasing the cost of the litigation and frustrating settlement and for causing a reduction in the sale price of real property. The court otherwise affirmed, rejecting wife’s arguments that the court erred by granting the rents motion; the court violated the Americans with Disabilities Act (42 U.S.C. 12101) by denying her requests for accommodation and holding a motion hearing in her absence; and that husband was not entitled to attorney fees because he used the services of an attorney who previously represented wife.