Res Judicata Ground For Denial Was Not Borne Out Because Earlier Three Denials Were Without Prejudice. Marriage of Uriostegui and Maffei, Case No. B289948 (2d Dist., Div. 7 Dec. 23, 2019) (unpublished) demonstrates that sometimes the fourth time is the charm. What happened in this dissolution case is that a family law commissioner,
Trial Judge Failed To Focus On What Husband Had Spent As Well As Failed To Appreciate Ex-Wife Was Both A Respondent And Cross-Appellant. The 4/1 DCA in Marriage of Fiore & Jimenez, Case No. D074927 (4th Dist., Div. 1 Dec. 20, 2019) (unpublished) reversed a $5,000 Family Code section 2020 “needs based” fees award
Ex-Wife Prevented Ex-Husband’s Access To His Lawyer Such That Conservatorship Had To Be Established, And Wife Had Ability To Pay From Her Divorce Equalization Payment. A family law judge concluded in Marriage of Henkel, Case No. H044147 (6th Dist. Dec. 12, 2019) (unpublished) that ex-wife should be assessed with Family Code section 271 sanctions
Trial Court Failed To Consider Any Actual Evidence And Based Its Decision Solely On Argument Of Counsel and Unsworn Statements. In Marriage of Pasco, Case No. C085721 (3d Dist., November 25, 2019) (published), husband requested an order terminating spousal support based on wife’s new job and increased monthly income. To support his request,
She Had More Assets/Wealth After Dissolutions Rulings And Future Payments By Husband Which Meant She Should Pay Her Attorneys When She Recoups! Ex-wife was probably not happy that her Family Code sections 2030/2032 “needs based” attorney’s fees request was denied again in Marriage of Restaino, Case No. G054778 (4th Dist., Div. 3 Nov. 14,
Appellate Court Implored That Appealing Ex-Husband Get Beyond Past Dissolution Disputes. Marriage of Dodson, Case No. E070719 (4th Dist., Div. 2 Nov. 12, 2019) (unpublished) is an interesting acrimonious dissolution case where husband and wife went back and forth in a marriage where only a finite of assets/income were at issue. (Sound familiar?)
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 In In re Marriage of Gibson, Case No. B294875 (2d Dist., Div. 1 November 1, 2019) (unpublished), ex-wife sought $170,890 in Family Code §§ 2030 and 2032 needs-based attorneys fees when ex-husband, singer/actor Tyrese Gibson, moved for a move-away order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
Bank Records Showed Husband Had Monthly Non-Taxable Income of $62,896.86 In Marriage of Gu and Gao, Case Nos. B290406 and B292480 (2d Dist., Div. 1 October 28, 2019) (unpublished), couple met in Hong Kong and began living together in 2015, coming to the United States in 2016 when husband sought political asylum. They settled
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 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
