Wife Was Provided Adequate Notice Of Sanctions Request, Even Though Section 271 Provides No Specificity On Type/Timing Of Notice This post on Youssefyeh v. Melamed, Case No. B269371 (2d Dist., Div. 3 July 27, 2017) (unpublished) falls in the category that “you cannot make this stuff up.” Here, wife used “self help” by […]
$88,000 Sanctions Award To A Party’s Former Attorney Reversed On Appeal. In Webb v. Webb, Case No. B269311 (2d Dist., Div. 8 June 13, 2017) (published), the Second District, Division 8 held that Family Code section 271 sanctions only applies to parties in a family law litigation case, not allowing for awards to
Abuse Of Discretion Standard Not Overcome By Appealing Ex-Wife. Marriage of Gregora and Feldman, Case No. B269587 (2d Dist., Div. 8 May 8, 2017) (unpublished) was a high profile divorce case involving Los Angeles attorneys, where ex-wife lost a key breach of fiduciary claim, prompting the trial court to impose a sanction
Bad Litigation Tactics Alone Will Not Support 2030/2032 Award. Although the $5,000 fee award to husband may seem paltry based on the needs-based anchors of Family Code section 2030/2032, it was reversed in Marriage of Overstreet, Case No. B271522 (2d Dist., Div. 1 Mar. 28, 2017) (unpublished). The reason is that the family
Deferential Standard Of Review Not Hurdled In This One. In Zauner v. Defterios, Case No. B271922 (2d Dist., Div. 6 Mar. 21, 2017) (unpublished), appellant sought needs-based fees in a child custody modification proceeding. She requested $77,067.50 in fees and $17,459.77 in costs, but was only awarded $10,000 in fees and $5,000 in costs.
Needs Based Award Was Less Than 30% Of Wife’s Fee Request Under Section 2030. In Marriage of Schleich, Case Nos. H039870/H041234 (6th Dist. Feb. 8, 2017) (published), ex-husband suffered two adverse awards which were favorable to his ex-wife: (1) a needs-based fee award under Family Code section 2030 to the tune of $412,485
Just Goes To Show You That Dissolutions Proceedings Have A Lot Of Legal And Equitable Issues, No Matter When You Get A Divorce At Any Stage Of Life. Greene County, Georgia. Old couple who receive old-age pension assistance. Fall, 1941. Jack Delano, photographer. Library of Congress. Murdock v. Murdock, Case No. B259694
Fact That Needy Party Is Retired Can Be Considered In Needs-Based Analysis. In Marriage of McLain, Case No. E062884 (4th Dist., Div. 2 Jan. 6, 2017) (published), $5,500 in needs-based Family Code section 2030/2032 attorney’s fees were awarded in favor of a wife based on the fact she was 65 of age and
This Component Was Not Tethered To Fees And Costs, So Not Recoverable. We predict that Marriage of Sagonowky and Kekoa, Case Nos. 142866/A143234 (1st Dist., Div. 5 Dec. 21, 2016) (partially published; sanctions award discussion published) is going to generate quite a stir in the family law sanctions arena and might be a
Inadequate Appellate Record Required Affirmance – “A Little Learning Is A Dangerous Thing”.1 Marriage of Hettinga & Loumena, Case No. H041589 (6th Dist. Nov. 22, 2016) (unpublished) shows the dangers of undertaking an appeal without knowing the nuances of appellate practice. In this one, wife—who previously had been sanctioned $100,000 and declared a
