Legal Opinion
In Re the Marriage of Quinlan
California Court of Appeal
Decided April 28, 1989No. A041998PublishedCited by 13 opinions
1Opinion of the Court
Opinion
KING, J.
In this case we hold that an order imposing sanctions on an attorney under Code of Civil Procedure section 128.5 cannot be based upon grounds not asserted before its rendition without the attorney having had adequate notice of or opportunity to respond to the threat of sanctions. We also conclude that due process does not necessarily require that a motion for sanctions for alleged misconduct during a hearing be heard on a separate and later hearing date.
Andrea Lai Quinlan and Patrick M. Quinlan obtained a dissolution judgment in 1980. In 1987 Andrea moved for an increase in…
2Cases cited4 opinions
- O'BRIEN v. CsehCalifornia Court of Appeal · 1983
- Lesser v. Huntington Harbor Corp.California Court of Appeal · 1985
- Dwyer v. Crocker National BankCalifornia Court of Appeal · 1987
- Annex British Cars, Inc. v. Parker-RhodesCalifornia Court of Appeal · 1988
3Cited by13 opinions
- Falcone v. FykeCalifornia Court of Appeal · 2012
- Davenport v. DavenportCalifornia Court of Appeal · 2011
- Childs v. PAINE WEBBER INCORPORATEDCalifornia Court of Appeal · 1994
- Petropoulos v. PetropoulosCalifornia Court of Appeal · 2001
- On v. Cow Hollow PropertiesCalifornia Court of Appeal · 1990
8 more not listed; retrieve them via the Exa API.