Cases: Family Law

Family Law/POOF!: Third District Reverses Fee Award After Overturning Judgment On Two Claims Against Motor Home Buyer And Sustains 271 Sanctions Against Mother Based On Inadequate Record/Lack of Prejudicial Error

Cases: Family Law, Cases: POOF!, Cases: Record

       Here is a quick two-fer from the Third District:      Lafferty v. Wells Fargo Bank, Case No. C067812 (3d Dist. Feb. 4, 2013) (published): Judgment was entered against buyer in a defective motor home dispute with a lender to whom an installment sales contract was assigned by dealer. The trial court also awarded […]

Family Law/Record: First Judge’s Decision Denying Fees Encompassed Needs-Based/271 Fees And Second Judge Also Denied Domestic Violence Proceeding Fees

Cases: Family Law, Cases: Record

       The appellate record, in this case transcripts of oral hearings, was critical in the disposition of the appeal in Marriage of Perry, Case No. F062331 (5th Dist. Feb. 1, 2013) (unpublished).      Although wife cross-appealed from a denial of some attorney’s fees requests, the record showed that the first judge denied needs-based fees

Family Law: Nom-Encumbering Spouse Can Expunge FLARPL Real Property Lien Under The Right Circumstances And Borson Fees Can Be Offset For Unreasonable Litigation Conduct Under Family Code Section 271

Cases: Family Law

       In re Marriage of Turkanis and Price, Case No. B234011 et al. (2d Dist., Div. 8 Jan. 30, 2013) (published) faced two interesting questions: (1) can a non-encumbering spouse bring a motion to expunge an attorney’s family law attorney’s real property lien (FLARPL) granted by an encumbering spouse?; and (2) can a Borson

Family Law: $70,000 Pendente Lite Fee Award Reversed For Court’s Failure To Make Statutorily Mandated Findings On Husband’s Ability To Pay

Cases: Family Law

       Justice Ikola, on behalf of a 3-0 panel, faced an interesting dissolution proceeding in Marriage of Turner, Case No. G045973 (4th Dist., Div. 3 Jan. 28, 2013) (unpublished).      After 16 years of marriage, wife applied for child/spousal support of at least $40,000 per month (yes, what you see is correct) in a

Family Law Two-Fer: Husband’s Incarceration Justified Denial of Needs-Based Fees In Dissolution Proceeding And Trial Court Correctly Allocated Income Between Ex-Husband/Current Wife In Awarding Fees To Ex-Wife

Cases: Family Law

       Although “bad facts make bad law,” sad facts also make the law, good, bad, or indifferent. The next two cases we discuss demonstrate that truth. Marriage of Feakins, Case No. A132338 (1st Dist., Div. 1 Jan. 22, 2013) (unpublished).      In this one, ex-husband out of a 17 year marriage was incarcerated for

Family Law: Parker v. Harbert Decision Now Published

Cases: Family Law

  Unjustified Contempt Proceedings Justified Family Code Section 271 Sanctions.      In our December 19, 2012 post, we discussed Parker v. Harbert, where 271 sanctions were awarded against ex-husband for unjustified contempt proceedings. On January 15, 2013, the First District, Division 5 ordered the prior unpublished decision to be published.

Family Law/Lien For Attorneys Fees: Attorney Did Not Get Additional Fee Recovery From Client Based On Lien Clause Language and Family Code Provision On Perfection Of Further Fee Recovery

Cases: Family Law, Cases: Liens for Attorney Fees

       In Fuchs & Associates, Inc. v. Lesso, Case No. B239246 (2d Dist., Div. 2 Jan. 8, 2013) (unpublished), an attorney sought to recover $647,688.13 in fees against a former client through a binding arbitration, fees in addition to what the client already had paid (about $481,000) in dissolution-related proceedings. The arbitrator awarded zilch/nada,

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