Shenefield

INTRODUCTION

Mark Shenefield filed a request for order (RFO) with the court, seeking joint legal and physical custody of the child he shares with Jennifer Shenefield.1 In his declaration, Mark quoted from and referenced the contents of a confidential, court-ordered psychological evaluation undertaken during Jennifer’s previous marital dissolution. Mark’s attorney Karolyn Kovtun filed the paperwork. Jennifer opposed Mark’s request and sought

sanctions for violations of Family Code2 sections 3111, subdivision (d) and 3025.5, for unwarranted disclosure of the confidential custody evaluation. The court ordered the issue of sanctions to be heard at trial. Jennifer’s trial brief detailed her arguments for why the court should impose sanctions on both Mark and Kovtun. Mark did not file a trial brief. Following trial, the court issued sanctions against Mark in the amount of $10,000 and Kovtun in the amount of $15,000. Kovtun challenged the sanctions, filing a motion under Code of Civil Procedure section 473, subdivision (d). A different court heard Kovtun’s request to vacate the sanctions imposed against her and denied the request. On appeal, Kovtun argues the court improperly…