Q: I am about to file Sanction against opposing attorney in Divorce case?

A: Based on the situation you've described, it appears that the opposing attorney may have violated court procedures by filing a proposed order without serving it to you for approval as directed by the judge. This is a serious matter that could potentially be grounds for sanctions. Here are some key points to consider:

1. California Code of Civil Procedure (CCP) Section 128.7:

This code section allows for sanctions against attorneys (as well as parties) for filing frivolous or improper pleadings, motions, or other papers. It can be used to address misconduct by attorneys in court proceedings.

2. California Rules of Court, Rule 2.30:

This rule allows the court to impose sanctions for violating any provisions of the California Rules of Court. If the attorney's actions violated specific court rules, this could be applicable.

3. California Rules of Professional Conduct:

Specifically, Rule 3.3 (Candor Toward the Tribunal) and Rule 3.4 (Fairness to Opposing Party and Counsel) may be relevant. Violations of these rules can lead to sanctions and disciplinary action.

4. Inherent Authority of the Court:

Courts have inherent authority to impose sanctions for bad faith conduct or willful disobedience of court orders.

5. Local Court Rules:

Check your local court rules, as there may be specific provisions addressing attorney misconduct or sanctions.

To proceed with seeking sanctions:

1. File a motion for sanctions clearly outlining the attorney's misconduct.

2. Cite the specific rules or codes you believe were violated.

3. Provide evidence of the judge's original order and the attorney's actions in violation of that order.

4. Request specific sanctions, which could include monetary penalties, striking the improperly filed order, or other appropriate remedies.

Given the complexity of this situation and the potential consequences, it would be advisable to consult with a family law attorney experienced in dealing with attorney misconduct issues. They can help you navigate the process and ensure you're using the most appropriate legal basis for your sanctions request.

Remember, false accusations of misconduct can have serious consequences, so it's crucial to have solid evidence before proceeding with a sanctions motion.