Gabriele v. Garry CA3
Defendant James Garry moved in March 2016 for, inter alia, sanctions against plaintiff Andrea Gabriele for her litigation conduct (primarily in propria persona) in this family law matter, which we detail at length below. The trial court confirmed the total amount owing to Gabriele under various court orders, which it offset with $4,500 in legal fees to Garry as a sanction (denying Gabriele’s own request for legal fees).
Gabriele filed her notice of appeal in February 2017. She completed her briefing in April 2018. She contends the trial court abused its considerable discretion in family law matters in awarding legal fees to Garry as a sanction for her behavior. She also contends she was entitled to legal fees as a matter of law pursuant to Code of Civil Procedure section 724.080 (section 724.080). We shall affirm the order but remand the matter for consideration of further sanctions for a meritless (even if not frivolous) appeal.
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