CCP § 664.6 Settlement Enforcement Provisions Did Not Apply.
The Third District in Marriage of Mead and Williams-Mead, Case No. C073814 (3d Dist. Aug. 6, 2014) (unpublished), after almost 10 years of unsuccessful litigation by ex-husband against ex-wife, seemed to finally have had enough.
Ex-husband appealed an $80,201 attorney’s fees award to ex-wife for successfully defending against his 2012 appeal, with the predicates being Family Code section 2030 (needs-based) and section 271 (sanctions). His sole basis for attack in this appeal was that the underlying dispute involved a marital settlement agreement, and the ex-wife could not enforce it under CCP § 664.6 because ex-wife did not ask the lower court to retain jurisdiction after judgment was entered.
The appellate court was not sympathetic to ex-husband’s challenge.
It simply did not believe this was a § 664.6 case. Rather, this was a 2030/271 case involving ex-wife having to defend herself for equal legal representation on appeal. “ We reject the notion that by utilizing section 664.6 to enter judgment pursuant to the terms of a marital settlement agreement, a party unwittingly forfeits his or her right to any attorney fees incurred in defending an unmeritorious appeal. Similarly, we also reject the notion that once judgment is entered pursuant to section 664.6, a party can prosecute appeals with the comfort of knowing the court is without jurisdiction to award attorney fees to the prevailing party.” (Slip Opn., p. 4.)