In Marriage of Bendetti, Case No. B228045 (2d Dist., Div. 5 Mar. 19, 2013) (partially published), first wife alleged that husband fraudulently transferred property to second wife, who was joined in the dissolution proceeding. First wife then moved for pendente lite fees, and she was awarded $131,750 in needs-based attorney’s fees under Family Code section 2030 against both ex-husband and his second wife.
Second wife appealed, but lost. The appellate court did find that the lower court had discretion to award fees to first wife even though she did not yet demonstrate a likelihood of success on the merits or a prima facie case linking second wife to issues in the proceeding.