Marriage of Falcone and Fyke
This is the 12th appellate proceeding brought in this dissolution action by Kathey Fyke, respondent below. In the instant appeal, Kathey[1] challenges the trial courts order awarding sanctions of $16,284 under Family Code section 271,[2] to her former husband, Richard Falcone. The sanctions represent fees and costs incurred by Richard in unnecessarily preparing for a trial, which was continued at the last minute due to Katheys medical condition.
On appeal, Kathey raises the following claims: (1) her due process rights were violated as she was not given the proper notice or opportunity to be heard on Richards request for section 271 sanctions; (2) the order awarding sanctions is not supported by substantial evidence; (3) the sanctions impose an unreasonable burden on her in violation of section 271, subdivision (a); and (4) the request for sanctions was not supported by a current income and expense declaration as required by the Superior Court of Santa Clara County, Local Family Rules. Court agree that Kathey was afforded neither adequate notice nor a meaningful opportunity to be heard on the request for sanctions and therefore shall reverse.
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