Alright Folks, be warned, in Judge Dale Wells’ Fiefdom, he will sanction you 7 months after the fact when no order to show cause for sanctions or attorney fees is listed on the court record. In this particular case the minute order is dated 7/27/2012. There was no order to show cause for family code section 271 sanctions and no request for attorney fees, and no notice of any family code 271 sanctions which indeed is a mandatory requirement under CA family code section 271 but those matters of LAW and due process requirements do not apply in Judge Wells’ Belief kingdom. Judge Wells decided to sanction Ms. Rahim 7 months after the fact WITHOUT ANY notice.
Sanctions cannot be awarded against litigants without notice on an oral basis as it violates due process requirements, which was also addressed in Kleytman v. Pechonkina, Case No. A130779 (1st Dist., Div. 2 Apr. 24, 2012) where, ex-husband was assessed $1,500 in attorney’s fees as a Family Code section 271 sanction for filing a motion for reconsideration that was denied.