Cases: Family Law

Discovery, Family Law: $2,500 Discovery Sanctions Order Reversed In Favor Of Responding, Prevailing Party Because No Competent Declaration Of Incurred Expenses Was Presented

Cases: Discovery, Cases: Family Law

CCP § 2023.040 Was The Key Statutory Provision.             Just to show you that technicalities can matter in the discovery area, the First District, Division 2 reversed a $2,500 discovery sanction against ex-wife in Marriage of Stupp v. Schilders, Case No. A154396 (1st Dist., Div. 2 July 10, 2019) (unpublished).  What happened is that a […]

Family Law: $37,679.50 Needs-Based Award To Ex-Husband Reversed, Husband’s Sanction Request Was Not Appealed, And Denial Of Further Needs-Based Fees To Ex-Wife Reversed For Failure To Make Findings

Cases: Family Law

Evidence in Record Did Suggest Ex-Wife Had Disparity In Ability to Pay.             In Huynh v. Cao, Case No. A154556 (1st Dist., Div. 4 June 27, 2019) (unpublished), the 1/4 DCA had to review several fee/sanctions awards and rulings in a dissolution matter.  First of all, it reversed a $37,679.50 fee award to ex-husband because

Family Law: Although Matter Overlitigated and Ex-Wife Had Means To Meet Her Fees, Error To Not Grant Her Needs-Based Fees Where Ex-Husband’s Failure To Segregate Separate Property Consumed Lots Of Attorney and Expert Fees In “Tracing” Activities

Cases: Family Law

More Nuanced, Granular Analysis Required Under The Circumstances.             In re Marriage of Ciprari, 32 Cal.App.5th 83 (2d Dist., Div. 1) (2019) is an important case both for the type of expert testimony which can be allowed in “tracing” cases as well as holding that needs-based fees can be allowed to a litigant having access

Family Law: Denial Of Ex-Wife’s Request For Needs-Based Fees And 271 Sanctions Of $193,223.43 Was No Abuse Of Discretion

Cases: Family Law

Record Showed She Went Through A Lot Of Attorneys And Rejected Initial Settlement Offers Which Were Within The Realm Of The Ultimate Outcomes In The Dissolution Case.             In Marriage of Santore, Case No. G055121 (4th Dist., Div. 3 June 21, 2019) (unpublished), ex-wife was denied a request for $193,223.43 in attorney’s fees based on

Family Law, Sanctions: Husband Losing Hiding Marital Asset Appeal Was Going To Have To Pay Attorney’s Fees And Frivolous Appeal Sanctions On Remand, Likely, In Some Amount

Cases: Family Law, Cases: Sanctions

Rub Here Was That Trial Judge Stayed Any Fee Ruling Pending Determination Of Merits Appeal.            Although procedurally different in nature, Marriage of Haghighat, Case No. G054993 (4th Dist., Div. 3 April 17, 2019) (unpublished) demonstrates how family law judges and appellate justices can impose attorney’s fees and frivolous appeal sanctions when a litigant hides marital

Family Law: Lower Court’s Failure To Make Certain Needs-Based Findings Under Family Code Section 2030(a)(2) Required A Reversal And Remand

Cases: Family Law

However, Appealing Ex-Wife Not Awarded Costs On Appeal For Failure To Direct Trial Court’s Attention To This Omission.             Since 2010, needs-based requests for attorney’s fees by family law litigants require family law judges to make findings on whether there is a disparity in access to funds by one party and whether the responding party

Family Law: No Abuse Of Discretion For Trial Court To Issue Parentage Judgment Against Father And Award Of $3,000 In Attorney Fees To Mother, But No Substantial Evidence Supported Amount Of Income Imputed To Father

Cases: Family Law

Attorney Father, Whose Wife Had Passed, Claimed He Entered Into A Strictly No Strings Attached Arrangement With College Student Mother In Exchange For Money. She Claims Otherwise.         A child with special needs, who suffers from cerebral palsy and chronic lung problems, is at the center of this He Said/She Said in Monterey County Dept.

Family Law: It Was No Abuse Of Discretion For Trial Court To Find Marriage of 9 Years and 10 Months To Be A Long Term Marriage, Nor To Order Husband To Pay Wife Attorney’s Fees of $2,500.

Cases: Family Law

Husband Seeking To End Spousal Support Was Ordered To Continue Paying For Additional Five Years, Plus Needs-Based $2,500 Toward Wife’s Attorney’s Fee Due To Change In Circumstances After Entry Of Stipulated Judgment – Not Due To Court’s Determination That Their Marriage of Less Than 10 Years Was Long Term.            In Marriage of Weiskittel, Case

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