In Re the Marriage of Quinlan

In this case we hold that an order imposing sanctions on an attorney under Code of Civil Procedure section 128.5 cannot be based upon grounds not asserted before its rendition without the attorney having had adequate notice of or opportunity to respond to the threat of sanctions. We also conclude that due process does not necessarily require that a motion for sanctions for alleged misconduct during a hearing be heard on a separate and later hearing date.

Andrea Lai Quinlan and Patrick M. Quinlan obtained a dissolution judgment in 1980. In 1987 Andrea moved for an increase in child support and Patrick moved for an order requiring sale of the family residence or a buyout of his share. These motions were noticed in the domestic relations law and motion department, which, by local rule, is limited to hearings requiring no more than 20 minutes. Matters requiring up to two hours are specially set in that department and those requiring more time are specially set before the presiding judge for assignment to a trial department. The domestic relations judge commenced a hearing on the motions on the regular motion calendar and when Reginald R. Armando, Andrea’s counsel, could not…