Cases: Family Law

Family Law: Wife’s Attorney’s FLARPL Invalidated For Failure To Include Supporting Documentation About The Marital Home’s Fair Market Value

Cases: Family Law

  Husband Properly Granted Motion To Expunge FLARPL.     Husband, who was granted the marital home as his sole and separate property in a dissolution case, expunged ex-wife’s attorney’s family law attorney’s real property lien (FLARPL) based on attorney’s failure to comply with statutory requirements for FLARPL.  That result was sustained in In re Marriage […]

December 17, 2015 Unpublished Fee Decisions—Three Reversals, Two Affirmances On Variety Of Issues

Cases: Allocation, Cases: Consumer Statutes, Cases: Costs, Cases: Family Law, Cases: Settlement

  Allocation—Artefex LP v. Bushman, Case No. B260737 (2d Dist., Div. 6 Dec. 17, 2015) (Unpublished).     In this one, plaintiffs won $15,000 on a contract breach claim after voluntarily dismissing tort claims, with the trial judge then awarding $191,256 in fees and $11,778.37 in costs based on a fees clause.  The 2/6 DCA reversed

Family Law: Attorney’s Fees Provision In Settlement Agreement Trumped Attempt To Obtain Family Code Section 271 Sanctions

Cases: Family Law

  Parties’ Bargain Prevailed, With Fees Only Relating To Litigation To Two Specific Motions—Sweeping Away Prior Sanctions Awards.      Family law practitioners should read In re Marriage of Reed, Case Nos. B253728/B255233 (2d Dist., Div. 7 Oct. 21, 2015) (unpublished). Briefly summarized, it held that a specific settlement agreement clause on fee recovery blunted any

Civil Rights, Employment, Family Law, Probate, Settlement: Four Unpublished “Power Ball” Post

Cases: Civil Rights, Cases: Employment, Cases: Family Law, Cases: Probate, Cases: Settlement

  Meyer v. Brown, Case No. D066226 (4th Dist., Div. 1 Oct. 14, 2015) (Unpublished)—Family Law.     In this one, after an evidentiary hearing in which the court dismissed a domestic violence restraining order (DVRO), the prevailing party recovered $7,500 out of a requested $15,800 in fees.  The fee-assessed, losing party appealed, but to no

Discovery/Family Law: 271 Sanctions Remanded For Reconsideration, But Bulk Of $123,087.50 Award Likely To Stand

Cases: Discovery, Cases: Family Law

  Playing Racial/Religion Discrimination Card And Attacking Opposing Counsel/The Court Did Not “Play” Well For Ex-Husband In Bitter Custody Dispute.     Well, this next case – Marriage of Salas and Farraj, Case No. B252053 (2d Dist., Div. 7 Sept. 1, 2015) (unpublished) – is a good lesson for family law practitioners to not play the

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