AB 1179: Family law: attorney’s fees.

Existing law authorizes the award of attorneys fees in family law cases as a sanction. Existing law authorizes the court to base an award of attorneys fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. Existing law permits an award of attorneys fees and costs as a sanction to be imposed only after notice to the party against whom the sanction is proposed and opportunity for that party to be heard.

This bill would authorize the court to base an award of attorneys fees and costs on the extent to which any conduct of each party or attorney furthers or frustrates the above-described policy of the law. The bill would permit an award of attorneys fees and costs as a sanction pursuant to these provisions only after notice by the requesting party or the court to the party against whom the sanction is proposed and opportunity for that party to be heard is provided by the court.