Cases: Family Law

Family Law: Singer/Actor Tyrese Gibson Achieves $47,485 Reduction To Needs-Based Attorneys Fees Awarded To Ex-Wife Based On Trial Court’s Calculation Error

Cases: Family Law

Significant Disparity Between The Parties' Income And Assets Mandated The Fee Award.             In In re Marriage of Gibson, Case No. B294875 (2d Dist., Div. 1 November 1, 2019) (unpublished), ex-wife sought $170,890 in Family Code §§ 2030 and 2032 needs-based attorneys fees when ex-husband, singer/actor Tyrese Gibson, moved for a move-away order to […]

Family Law: Famiy Law Judges Are Allowed To Reduce Or Limit A Family Law Attorney’s Real Property Lien Even After The Lien Is Recorded

Cases: Family Law

FLARPLs Are Conditional, With Family Code Section 2034(c) Giving The Lower Court Discretion To Resolve Disputes Over The Propriety Of FLARPs, Including Revisiting The Propriety Of Such Liens At A Later Time.             Acting Presiding Justice Yegan opened the published opinion in Marriage of Bittenson, Case No. B288233 (2d Dist., Div. 6 Oct. 22, 2019)

Family Law: Family Court’s Failure To Make Mandatory Findings Required Under Family Code Sections 2030 and 2032 Was Abuse Of Discretion

Cases: Family Law

Family Court Did Not Award Fees Due To Wife’s Pro Per Status At The Time It Rendered Its Decision.             In Marriage of Soares, Case No. F076532 (5th Dist., Sept. 26, 2019) (unpublished), Wife challenged family court’s denial of her needs-based fees request, its spousal support determination, and the judge’s failure to recuse himself

Family Law: Family Law Judge’s Failure To Allow Argument Over, Much Less Address, Needs-Based Fee Request, After Agreeing To Bifurcate Same For Determination, Reversed On Due Process Grounds

Cases: Family Law

Surprise, Last-Minute Reversal In Tentative Decision Required A Reversal.             Due process required a reversal of a family law judge’s decision denying a needs-based fee request by ex-wife in Marriage of Bramhall and Melvoin, Case No. B288129 (2d Dist., Div. 7 Sept. 23, 2019) (unpublished).  The parties stipulated to bifurcation of a needs-based fees request,

Family Law: $10,000 Needs-Based Fee Award To Wife Reversed Because Family Court Failed To Make Mandatory Findings Required Under Family Code Sections 2030/2032

Cases: Family Law

Fifth District’s Morton Decision Found Persuasive To The 4/1 DCA.             The Fourth District, Division 1 in Marriage of Bustillo, Case No. D075369 (4th Dist., Div. 1 Sept. 12, 2019) (unpublished) reversed a $10,000 “needs-based” fee award to ex-wife under Family Code section 2030 and 2032 for a multiday support hearing.  The reason was that

Family Law, Sanctions: Father Making Another Sanctions Motion After Trial Judge Already Ruled On Prior Request Was Properly Denied

Cases: Family Law, Cases: Sanctions

“A Party Cannot Be Sanctioned Twice For the Same Misconduct.”            Presiding Justice Gilbert, who has a unique writing style, summed up the “end result” in Marriage of Anka & Yeager, Case No. B289610 (2d Dist., Div. 6 Aug. 19, 2019) (unpublished) this way: “A party cannot be sanctioned twice for the same misconduct.”            

Family Law: Ex-Wife In Languishing Dissolution Matter Properly Denied Pendente Lite And Request For Appellate Fees To Process An Appeal

Cases: Family Law

Languishing Nature Of Case And Ex-Wife’s Debt To Ex-Husband Figured In The Result.             In Marriage of Charchian & Mahgereftech, Case No. B270201 (2d Dist., Div. 2 July 31, 2019) (unpublished), ex-wife let a dissolution case languish for five years, went through multiple attorneys, eventually had a judge conclude she was entitled to very little

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