Cases: Family Law

Family Law: Wife’s Award Of Attorneys Fees and Costs For Bringing Post-Judgment Emergency Motion For Immediate Transfer Of Community Bitcoins Affirmed On Appeal

Cases: Family Law

Husband’s $189,391 In Bitcoin Transactions, Made After Wife Filed Petition For Dissolution, Were A Breach Of His Fiduciary Duty And In Violation Of The ATROS.             In Marriage of DeSouza, Case No. A156311 (1st Dist., Div. 3 August 10, 2020) (unpublished), wife learned for the first time, after entry of the dissolution judgment, that husband

Family Law: $5,700 Family Code Section 2030 Borson Award To Ex-Wife Was No Abuse Of Discretion

Cases: Family Law

Borson Challenge Rejected, With Record Showing Disparity In Assets Between Former Spouses.             In Marriage of Swain, Case No. G058117 (4th Dist., Div. 3 Aug. 3, 2020) (unpublished), ex-wife’s attorney was awarded $5,700 in Family Code section 2030 fees, payable by ex-husband to ex-wife, after her current attorney filed a request but was substituted out

Family Law: $100,000 In 2030/271 Needs-Based Fees And Sanctions Against Ex-Husband, Lawyer With A Profitable Law Firm And Equity In A House, Affirmed On Appeal

Cases: Family Law

If You Assert Inability To Pay, Make Sure You Have The Proper Ammunition!             We have to say, if you are going to appeal needs-based fee awards under Family Code sections 2030/2032 or sanctions under Family Code section 271 based on inability to pay, you better do the math and convincingly show the appellate court

Family Law: Husband Successfully Challenges Trial Court’s Award Of Section 1101(g) Attorney Fees To Wife And Gets A Second Chance At § 2107(c) Sanctions Against Wife

Cases: Family Law

The Trial Court Erred In Its Interpretation Of Family Code §§ 1101 And 2107.             In Marriage of Yiu and Liu, Case No. B293754 (2d Dist., Div. 3 July 17, 2020) (unpublished), husband appealed the trial court’s award of attorney fees to his wife under Family Code § 1101(g) and its denial of his

Family Law: 1/2 DCA Affirms Denial Of Needs-Based Attorney Fees Requested By Wife Under Family Code § 2030

Cases: Family Law

Based On Trial Court’s Analysis Under Family Code § 4320, Husband Lacked The Financial Ability To Afford His Own Attorney Much Less Contribute To Wife’s Attorney Fees.             Family Code § 2030 provides California family law courts authority to level the playing field in dissolution actions, where sufficient disparity exists between the parties in

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

Scroll to Top