Fee Decision Can Be Based On Declarations Alone. In Marriage of Filadelfina, Case No. G050184 (4th Dist., Div. 3 Nov. 30, 2015) (unpublished), husband appealed a $43,000 fee award to wife under Family Code section 2030’s “needs based” rubric. On appeal, husband claimed a due process violation in that the family law judge […]
Case Has Nice Discussion On Nondischargeable/Dischargeable Fee Awards in Bankruptcy. We have to give credit to Judge Yegan and his colleagues on the Second District, Division 6. They helped clarify an issue we have seen before as far as what type of family attorney’s fees awards in family law proceedings are nondischargeable or
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 B253728/B255233 (2d Dist., Div. 7 Oct. 21, 2015) (unpublished).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
Meyer v. Brown, Case No. D066226 (4th Dist., Div. 1 Oct. 14, 2015) (Unpublished)—Family Law.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
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 Well, this next case – Marriage of Salas and Farraj, Case No. B252053 (2d Dist., Div. 7 Sept. 1, 2015) (unpublished) – is a good lesson for family law practitioners to not play the
Limiting Expenses To Wife’s Trial Preparation Was Reasonable, Given Prior Activity In The Case. Wife, the party who controlled the finances during her marriage with ex-husband, was sorely disappointed when the family law judge only awarded attorney’s fees for her trial preparation. Her appeal of this discretionary decision was not successful in Marriage
Husband Did Not Have Liquid Assets To Do This, So Installment Payment Was Needed. In Marriage of Straw, Case No. C072933 (3d Dist. July 6, 2015) (unpublished), husband was ordered to pay Family Code section 2030 “needs based” fees of $40,000 to wife so she could either pay off her attorney or have
However, Sanctions For Frivolous Appeal Denied, With Appellate Court Telling Both Sides To “Behave.” In Marriage of Weiss, Case No. D065042 (4th Dist., Div. 1 June 22, 2015) (unpublished), husband was sanctioned for $22,500 in fees under Family Code section 271’s sanction statute, about one-third of wife’s request. Husband appealed it, but the
Matter Remanded To Consider Fees Request Under Two Statutes. In Christner v. Sweeney, Case No. H040736 (6th Dist. June 19, 2015) (unpublished), an ex-boyfriend defendant defeated a TRO brought by plaintiff ex-girlfriend from a personal/business relationship under the Domestic Violence Protection Act. The lower court then denied defendant’s request for fees of $49,812.10 under
$10,000 Award Not Supported By Substantial Evidence Or Shown To Be Reasonable. Family Code section 7605(a) provides that a court must ensure equal access to legal representation in a child custody/visitation dispute, including an award of fees and costs, based on “the income and needs assessments.” In Torres v. Cox, Case No.
