Cases: Family Law

Family Law: Failure To Provide Reporter’s Transcript Required Affirmance Of Family Law Judge Fee Sanctions Ruling Even Though He Might Have Based It On Litigation Conduct Not Mentioned In The Initial Moving Papers

Cases: Family Law, Cases: Record

       Here is an interesting one showing how an inadequate appellate record can be damning.      It was apparent in Marriage of Castaneda, Case No. C067676 (3d Dist. Mar. 22, 2013) (unpublished) that the family law judge granted Family Code section 271 sanctions based not on the conduct mentioned in initial papers (failure to […]

Family: Third Party Joined In Dissolution Proceeding Can Be Subject To 2030 Fee Exposure Even If Merits Of Case Not Proven And Even If No Prima Facie Causal Connection Yet Shown

Cases: Family Law

       In Marriage of Bendetti, Case No. B228045 (2d Dist., Div. 5 Mar. 19, 2013) (partially published), first wife alleged that husband fraudulently transferred property to second wife, who was joined in the dissolution proceeding. First wife then moved for pendente lite fees, and she was awarded $131,750 in needs-based attorney’s fees under Family

Family Law: $20,000 Fee Award To Wife No Abuse Of Discretion

Cases: Family Law

  Her Oral $15,000 Add-on Request for a Consultant Not Adequately Supported.      In Marriage of Preim, Case No. A130791 (1st Dist., Div. 1 Mar. 13, 2013) (partially published; fee discussion not published), wife was found statutorily ineligible to receive spousal support based on her history of domestic violence toward her husband, a determination affirmed

Family Law: $45,000 271 Sanctions Affirmed On Appeal

Cases: Family Law

  $30,000 of the Award Was For Fees.      Acting Presiding Justice Fybel, on behalf of a 3-0 panel in Marriage of Golka, Case No. G045882 (4th Dist., Div. 3 Feb. 21, 2013) (unpublished), sustained a $45,000 sanctions award under Family Code section 271 against ex-husband. ($15,000 went to an accountant, and $30,000 went to

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

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