Cases: Family Law

Family Law:  $30,000 271 Sanctions Against Ex-Husband Not Reviewable For Lack Of Adequate Record Including Family Hearings Which Led To The Sanctions Order

Cases: Family Law

Also, Disentitlement Doctrine Might Prevent Further Appeals By Ex-Husband.             Ex-husband in Marriage of Volovik & Parchin, Case No. B280980 (2d Dist., Div. 5 Apr. 18, 2018) (unpublished) was disgruntled when the lower court imposed a Family Code section 271 sanction award of $30,000 against him, although the result could have been worse given the […]

Appeal Sanctions/Family Law:  $25,000 Family Code Section 271 Sanction Affirmed On Appeal

Cases: Appeal Sanctions, Cases: Family Law

Appeal By Ex-Wife Found Frivolous, Which Carried $10,000 More In Sanctions.             Marriage of Wintermute and Soltan, Case No. G052397 (4th Dist., Div. 3 Apr. 9, 2018) (unpublished) was a situation where ex-wife appealed a Family Code section 271 sanction of $25,000 after an earlier appellate opinion disagreed with a critical assertion of ex-wife that

Family Law Post:  Family Code Section 271 Sanctions Can Be Deducted From The Variable Component Of A Spousal Support Order

Cases: Family Law

Spousal Support Is Income For Purposes Of Interpreting Section 271.             In Marriage of Pearson, Case No. D070360 (4th Dist., Div. 1 Mar. 12, 2018 partially published; fee discussion published; other parts of opinion modified Mar. 27, 2018), the 4/1 DCA decided that a trial judge did not err in ordering that Family Code section

Family Law:  Court Of Appeal Affirms 2030/2032 Attorney Fee Award Of $60,000 To Ex-Wife And 271 Sanctions Award Of $3,000 Against Ex-Wife

Cases: Family Law

Husband Had Sought $37,000 Sanctions Award.             Ex-husband, who had spent $165,000 in fees on his own dissolution attorney and had paid ex-wife $119,650 through previous pendent lite attorney’s fees, was frustrated when the trial judge ordered him to pay yet an additional $60,000 in 2030/2032 fees to wife and only sanctioned her $3,000 under

Family Law:  $20,000 271 Sanctions Award Affirmed On Appeal

Cases: Family Law

No Abuse Of Discretion Demonstrated.             In re Marriage of Rafipoor, Case Nos. G053243/G053665 (4th Dist., Div. 3 Jan. 18, 2018) (unpublished) involved a situation where ex-husband was assessed with Family Code section 271 sanctions in the amount of $20,000.  Among other things, the record suggested that husband made a motion with his finger across

Family Law:  $2,000 Needs-Based Fees Award To Ex-Wife Sustained On Appeal

Cases: Family Law

Record Did Show Disparity In Income Between Spouses.             In Marriage of Cueva, Case No. D071913 (4th Dist., Div. 1 Jan. 9, 2018) (unpublished), the family law judge awarded ex-wife Family Code section 2030 needs-based fees of $2,000 after a 9 ½ year marriage involving five children.  Father’s challenges to the award were unavailing on

Family Law, Lien For Attorney Fees, Probate:  Wife Had Authority Under Family Law Equal Management Principles To Engage Attorney For Personal Injuries Incurred By Incapacitated Husband

Cases: Family Law, Cases: Liens for Attorney Fees, Cases: Probate

Also, In Contested Probate Proceedings, An Evidentiary Hearing Is Required Unless Parties Stipulate To Using Affidavits Or Declarations.             Maldonado v. Giblin, Case No. H041417 (6th Dist. Dec. 27, 2017) (unpublished) is a prime example showing how appellate jurists are attuned to gender equality issues and legislative changes aimed at promoting such equality in the

Homeowners Association, Family Law, Prevailing Party:  Appellate Courts Deal With Trifecta Of Fees Issues In Unpublished November 9 Opinions

Cases: Family Law, Cases: Homeowner Associations, Cases: Prevailing Party

Homeowners Association—Anaheim Hills Planned Community Assn. v. Chen, Case No. G053128 (4th Dist., Div. 3 Nov. 9, 2017) (Unpublished).             In this first one, homeowner appealed a trial court’s award of appellate fees to HOA in a CC&R dispute under both a prior settlement agreement and the Davis-Stirling Act.  The appellate fee award of $36,830.50

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