In re Marriage of MARCI and GARY FONG










Filed 3/3/11



CERTIFIED FOR PUBLICATION




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

In re Marriage of MARCI and GARY FONG.	B217038 (Los Angeles County
MARCI KINGTON, Respondent, v. GARY FONG, Appellant.	Super. Ct. No. YD042895)

APPEAL from an order of the Superior Court of Los Angeles County, Glenda Veasey, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed in part and reversed in part.
Casey A. Olsen and Neil A. Olsen for Appellant.
Marci Fong, in pro. per.; and Kendra Thomas for Respondent.


Gary Fong appeals an order imposing $200,000 in monetary sanctions against him under Family Code section 2107, subdivision (c)[1] for failure to comply with his disclosure obligations and imposing an additional $100,000 in attorney fees and costs under section 271. He contends Marci Kingston is not entitled to an award of monetary sanctions under section 2107, subdivision (c) as a matter of law because she failed to comply with her disclosure obligations. He also contends the trial court failed to consider his ability to pay in awarding attorney fees and costs under section 271, challenges the awards on other grounds, and also contends the failure to issue a statement of decision was reversible error.
We conclude that Marci is not entitled to an award of monetary sanctions under section 2107, subdivision (c) because the statute only authorizes an award in favor of a â€