Marriage of Freitas
In this marital dissolution action, appellant, Johnnie T. Freitas (Husband), challenges the trial courts order awarding $75,000 in sanctions to respondent, Duane Diane Freitas (Wife), pursuant to Family Code section 271 and/or as discovery sanctions. The trial court concluded that Husband had failed to timely comply with numerous court orders and had the ability to pay these sanctions. Husband argues that the trial court abused its discretion because Wife failed to first move to compel further responses to the allegedly inadequate discovery responses. Husband further contends that the trial courts basis for awarding sanctions is not supported by the record. As discussed below, a motion to compel was not a prerequisite to the trial courts award of monetary sanctions. A litigant may be subject to sanctions for violating a court order. The trial court ordered Husband to respond to Wifes discovery request and Husband did not timely comply. Further, the trial courts award is supported by substantial evidence. Accordingly, the order will be affirmed.
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