Cases: Family Law

Family Law, Special Fee Shifting Statute: Intermediate Appellate Courts Issue Several Family Law Or Neighborhood Disputes Opinions Where Fee Requests Were Granted Or Denied In Unpublished Decisions—Abuse Of Discretion Standard Guided All Of Them.

Cases: Family Law, Cases: Special Fee Shifting Statutes

1.         Marriage of Harcke, Case No. B288727 (2d Dist., Div. 7 June 16, 2020) (unpublished).             In this case, father was sanctioned for $15,400 in attorney’s fees for failure to be cooperative in settlement negotiations under Family Code section 271.   That was no abuse of discretion given that he “out of hand” and […]

Appealability, Discovery, Family Law, Requests For Admission, Sanctions: Appeal Dismissed For Petitioner Who Was Dissatisfied With Trial Court’s Order On His Motion To Have Requests For Admission Deemed Admitted And For Sanctions

Cases: Appealability, Cases: Discovery, Cases: Family Law, Cases: Requests for Admission, Cases: Sanctions

The Appellate Court Has No Jurisdiction To Review A Discovery Order.             Petitioner father and respondent mother in Minasian v. Katz, Case No. A158517 (1st Dist., Div. 2 June 11, 2020) (unpublished) were involved an incredibly protracted action – dating back to 2004 – regarding their child who was born the year before.     

Family Law: Lower Court’s Award Of § 2030 Pendente Lite Fees To Ex-Wife, $45,000 Out Of $93,000 Request, Was No Abuse Of Discretion Despite An Appeal By Ex-Husband Firefighter

Cases: Family Law

Nothing Showed Any Error In The Lump Sum Payment, The Monthly Payments, Or Still Ordering Them Even Though Ex-Wife Was Cohabitating With Someone Else!             We have posted, very frequently, on Family Code section 2030 “needs-based” awards to spouses, which are pendente lite awards to spouses with financial disparity needing an award during a dissolution

Family Law: $15,000 In Section 271 Sanctions And $25,000 In Breach Of Fiduciary Duty Fees Were No Abuse Of Discretion

Cases: Family Law

Even If Explanations Could Have Been Clearer, No Prejudice Shown By Appealing Ex-Wife.             Presence of prejudice is a critical factor in any appeal.  The next case, Marriage of Effner, Case No. D074478 (4th Dist., Div. 1 May 18, 2020) (unpublished), so demonstrates.             There, ex-wife—who was found by the lower court to have diverted

Family Law: Family Code §§ 1101(g) And 271 Sanctions Order Against Father Affirmed On Appeal

Cases: Family Law

Purpose Of These Sanctions Is To Spur Candidness Between Parties To Dissolution Action.             In Marriage of Gutierrez, Case No. B291507 (2d Dist., Div. 8 May 6, 2020) (published), among other things, father was sanctioned under Family Code §§ 1101(g) [fee sanctions against spouse violating fiduciary duty of disclosing assets] and 271 [sanctions for prolonging

Family Law: Needs-Based Award Of $24,000 To Ex-Wife Affirmed On Appeal

Cases: Family Law

Record Below Did Not Show The Trial Judge Imposed It In Retribution Against Ex-Husband.             In Marriage of Ward, Case No. A156599 (1st Dist., Div. 5 Apr. 29, 2020) (unpublished), ex-husband appealed a $24,000 needs-based fee award under Family Code sections 2020/2032.  His only challenge on appeal was that the lower court imposed this award

Family Law: No Abuse Of Discretion Where Trial Court Awarded Husband Only $15,000 In Needs-Based Attorney Fees Out Of Requested $49,000

Cases: Family Law

Husband Failed To Meet His Burden In Showing Abuse Of Discretion Where Trial Court Considered All Evidence Presented, Husband Had Significant Financial Resources, And Wife’s Needs-Based Fee Payments To Husband Accounted For 45% Of His Total Fees.             In Marriage of Burns, Case No. H046858 (6th Dist., April 17, 2020) (unpublished), a husband with

Family Law: No Abuse Of Discretion In $200,000 Section 271 Sanctions Award Against Wife Even If Amount Includes Future Fees And Costs To Be Incurred As A Result Of Wife’s Conduct

Cases: Family Law

The 4th District Ordered A Remand, However, To Allow The Lower Court To Review The Award To Ensure It Is Limited Only To Attorneys’ Fees And Costs, And To Prepare An Order That Includes Information Regarding The Basis For The Sanctions Amount             Family Code § 271 authorizes a court to impose attorney’s fees

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