Cases: Family Law – Page 38 – Cal Attorneys Fees

Damages/Family Law: “Somewhat Unusual” Case Involving Pro Tem Judge Conflict Cost Transitory Winning Litigant’s Attorney $780,482 In Damages For Attorney’s Fees Expended In Dissolution Proceeding Tainted With The Conflict

October 6, 2011

No, Love Lost as Fourth District, Division One Reverses JNOV Disfavorable to Initially Losing Litigant, Who Won a Jury Verdict, Was Then Overturned Post-trial, and Was Vindicated on Appeal. This one caught our attention because of the appellate court’s rather subdued characterization of it being a “somewhat unusual case.” Wow! This is one […]

Family Law: $12,500 Needs-Based Fee Award Justified Even Though Wife Had Sufficient Resources To Pay

Cases: Family Law

September 3, 2011

Financial Need Only One of the Factors to Consider. Although we have posted often about needs-based fee awards under Family Code sections 2030/2032, the next case reminds us that a multi-factored analysis is required under these fee shifting provisions. Even a former spouse with sufficient resources to pay can get a fee award

Family Law: Second District, Division Two Upholds Fee Award in Family Court Involving TV Costar of Two and a Half Men

Cases: Celebrities, Cases: Family Law, Cases: Standard of Review

August 30, 2011

Who “Won” is Irrelevant Here. Often, the Court’s retelling of the facts gives us more than an inkling of the ending. Here, the statement of facts begins: ”Jon and Sarah have both had acting careers, though their career paths diverged widely. As a costar in the TV show Two and a Half

Family Law: In re Marriage of Ramirez Just Published

Cases: Family Law, Cases: Liens for Attorney Fees

August 13, 2011

Decision Deals with Family Law Attorney’s Real Property Lien. In our July 20, 2011 post, we discussed In re Marriage of Ramirez, a decision exploring the intricacies of the family law attorney’s real property lien. We can now report that the case was certified for publication on August 11, 2011.

Family Law/SLAPP: Fourth District, Division 3 Give Us a Two-Fer

Cases: Family Law, Cases: SLAPP

July 28, 2011

Family Code Section 271 Sanctioning Authority Justified $3,000 Fee Award Against Ex-Wife. Acting Justice Bedsworth, on behalf of a 3-0 panel, affirmed a $3,000 award against ex-wife based on Family Code section 271. That section imposes a “minimum level of professionalism and cooperation” to effectuate settlement in the family law area and authorizes

Family Law: Failure To Appeal Pendente Lite Attorney’s Fees Order Was Fatal.

Cases: Family Law

July 22, 2011

In Marriage of Metzger, Case No. B220951 (2d Dist., Div. 3 July 21, 2011) (unpublished), wife appealed a $40,000 award of attorney’s fees to her as too low in a dissolution action when husband admitted that he spent close to $300,000 during the course of proceedings. The appellate court found that it

Family Law: Family Law Attorney’s Real Property Lien (FLARPL) Discussed In Recent Unpublished Decision

Cases: Family Law, Cases: Liens for Attorney Fees

July 20, 2011

Family Code Section 2033 FLARPL Considered. Although there was a reversal because an order rendered without an indispensable party is void (with the appellant being an indispensable party able to challenge the void order), the appellate court in Marriage of Ramirez, Case No. D058284 (4th Dist., Div. 1 July 19, 2011) (unpublished) discussed

Family Law: $25,000 Fee Award To Wife Affirmed Because Husband’s Noncompliance With Prior Orders Left Wife Without Resources

Cases: Family Law

July 19, 2011

Needs Based Award to Wife Justified. In Marriage of Shannahan, Case No. D057453 (4th Dist., Div. 1 July 18, 2011) (unpublished), husband was ordered to pay $25,000 in attorney’s fees based on need to ex-wife’s counsel. Husband, after all, was an attorney, and appealed a previous fee award to wife without posting a

Family Law Awards: Two Fee Awards Considered On Appeal

Cases: Family Law

July 16, 2011

Marriage of Wolf, Case No. A128509 (1st Dist., Div. 3 July 15, 2011) (Unpublished). In this one, ex-wife was denied a request for attorney’s fees after a lower court found there were no reasonable grounds for her appeal. However, the lower court’s decision was without prejudice to her ability to renew the motion

Family Law: Needs-Based Attorney’s Fees Award Reversed For Failure To Explain Basis For Award

Cases: Family Law

June 29, 2011

Alan S. Was the Anchor Here, Meaning that Some Record of Relevant Factor Analysis Is Necessary in Family Law Cases. Although unpublished, the next case seems to portend the importance of Alan S. v. Superior Court, 172 Cal.App.4th 238 (2009), a decision authored by (just retired) Justice Sills of the Fourth