Cases: Family Law – Page 39 – Cal Attorneys Fees

Deadlines, Family Law: Recent Unpublished Decision Reviews Deadlines For Claiming Section 271 Fee Recovery

May 24, 2011

Second District, Division 6 Does So While Affirming $75,000 Sanctions Award. In Marriage of Lancashire, Case No. B217022 (2d Dist., Div. 6 May 23, 2011) (unpublished), the Second District, Division 6 discussed deadlines for bringing attorney’s fees motions based on sanctionable conduct of family law litigants under Family Code section 271 before it […]

Family Law: Substantial Attorney Fee Award Under Section 271 Affirmed For Young Lawyer’s Scorched Earth Practices And Over-The-Top Behavior

Cases: Family Law

May 6, 2011

Appellate Court Stresses Civility, Reminding Us It Is Not Mutually Exclusive With Zealous Advocacy. This case is destined to be cited and likely quoted often both in the areas of family law fee sanctions under Family Code section 271 and attorney civility. In re Marriage of Davenport, Case No. A126181 (1st Dist.,

Appeal Sanctions/Family Law: $2,800 271 Sanctions Award Affirmed

Cases: Appeal Sanctions, Cases: Family Law

April 29, 2011

Appeal Deemed Frivolous, With Reminding Words of Wisdom to Those Choosing to Appeal. Justice Yegan of the Second District, Division 6 on behalf of a 3-0 panel, has penned a decision with some sobering reminders on the nuances of appellate practice, and is likely going to be quoted down the line. In

Family Law Duo: 271 Sanctions Award Of $5,000 Affirmed, While 2030/2032 Award Of $20,000 In Attorney’s Fees Reversed For Failure to Consider All The Circumstantial Factors

Cases: Family Law

April 28, 2011

Here we go–a family law attorney’s fees two-fer. Bondarenko v. Buehrle, Case No. A128933 (1st Dist., Div. 2 Apr. 27, 2011) (Unpublished). This one involves an affirmance of a $5,000 Family Code section 271 sanctions award against former boyfriend/father in an acrimonious visitation dispute with former girlfriend/mother of their chid Beau. The main

Family Law: Due Process Required Reversal Of Fee Award Against Wife In Family Law Dispute

Cases: Family Law

April 23, 2011

Fourth District, Division 2 Issues Writ of Mandate. Before we wish all of our readers a Happy Easter (and a post-Happy Passover or other celebrations at this time of year), we report on Smith v. Superior Court (Smith), Case No. E053048 (4th Dist., Div. 2 Apr. 22, 2011) (unpublished). There, in a family

Family Law: Fourth District, Division Three Reverses Spousal Support Order While Affirming Award of Attorney’s Fees

Cases: Family Law, Cases: Standard of Review

April 5, 2011

The Court of Appeals Finds Trial Court’s Order “Puzzling” Husband and wife’s marriage dissolved in 1992. In 2009, the now ex-husband filed an OSC to modify or terminate his spousal support obligation, because he planned to retire. The trial court denied the OSC, while ordering the 66-year old ex-wife to make efforts to become

Special Fee Shifting Statute: Prevailing Plaintiff In Domestic Violence Tort May Be Entitled To Fee Recovery

Cases: Family Law, Cases: Special Fee Shifting Statutes

March 16, 2011

Don’t Ignore Civil Code § 1708.6(c) . . . . But It Is Discretionary In Nature. Here is a nice fee entitlement statute in the domestic violence tort area (bet a lot of you did not know there was such a statutory tort). Civil Code section 1708.6(c) expressly provides that the court in

Sanctions: $10,000 Award To Husband For Attorney’s Fees In Family Law Case Reversed

Cases: Family Law, Cases: Sanctions

March 15, 2011

Ex-Wife Not Give Proper Due Process Opportunity to Oppose. We knew this one was a reversal from the first few sentences–“Summary proceedings are common in family law cases. Nevertheless, however certain a court may be that a party or an attorney in a family law proceeding deserves sanctions, it must keep in mind

Family Law: Non-Compliant Party Under Financial Disclosure Statutes Not Entitled To Award Of Fees As A Sanction

Cases: Family Law

March 4, 2011

Second District, Division 3 Reverses $200,000 Award Under Family Code Section 2107(c), But Sustains $100,000 Fee Award Under Section 271. Facing a novel issue of statutory interpretation, the Second District, Division 3 in In re Marriage of Fong, Case No. B217038 (2d Dist., Div. 3 March 3, 2011) (certified for publication) decided that

Family Law: $5,000 Fee Award Under Family Code Section 271 Affirmed Under Deferential Abuse Of Discretion Standard

Cases: Family Law

March 2, 2011

Lower Court Also Did Consider Wife’s Financial Condition in Rendering Award. Here is another Family Code section 271 award that was affirmed on appeal based on the abuse of discretion standard. This is a tough standard to surmount, as wife learned in challenging a $5,000 award to husband. In Marriage