Tharp v. Tharp

In Tharp v. Tharp (2010) 188 Cal.App.4th 1295, the trial court denied the wife's motion for section 271 attorney fees because both parties had engaged in dilatory conduct. But the Court of Appeal found that the record did not support a finding that the wife had committed sanctionable conduct, while the husband's "antics . . . clearly demonstrated that sanctions under section 271 were warranted." (Id. at p. 1318.) On this basis, the Tharp court reversed on the matter of section 271 attorney fees. (Id. at p. 1328.)