Legal Question in Family Law in California
If a person was at one time represented by an attorney and is now pro-per in the state of California, can they file sanctions requesting attorney fees be paid to petitioner? If so is there a statute of limitations in California to file such sanctions?
1 Answer from Attorneys
If there are proper legal grounds for an award of sanctions relating to conduct during the time the party was represented by counsel, which caused the party to incur fees, then an award of sanctions can be made. An award of attorneys fees as sanctions for conduct that occurred when the other party was pro-per, would not be proper because it would be an award of something that was never charged in the first place. In that case, if warranted under the facts and law, just a straight monetary sanction of an appropriate amount would be the proper award. There is no general time limit on requesting sanctions, but they generally will not be considered unless requested at the same time as the motion or other hearing that gives rise to the sanctions request.