Cases: Family Law

Family Law And Discovery: $9,000 Joint/Several Sanctions Award Against Ex-Wife and Her Attorney Reversed On Appeal

Cases: Discovery, Cases: Family Law, Cases: Sanctions

Fourth District, Division 2 Finds Substantial Justification for Motion to Quash Subpoenas      Code of Civil Procedure section 1987.2 provides for an award of reasonable expenses and attorney’s fees to a party making or opposing a motion to quash a subpoena if his/her actions were made in bad faith or undertaken without substantial justification. Usually, […]

Family Law Two-Fer: One Attorney Fee Award Reversed, The Other Affirmed Under Family Code Sections 2030/2032 and 271

Cases: Family Law

The Reversal: Marriage of Schneider, Case No. B215675 (2d Dist., Div. 7 Aug. 24, 2010) (Unpublished).      This one involved Colorado litigation by ex-husband about ex-wife’s misappropriation of his personal property in a storage facility, which followed apparently contentious California dissolution proceedings. Husband claimed the misappropriated property was worth $363,000, but a Colorado jury only

Family Law: Well-Heeled Ex-Wife Does Not Recoup Requested $692,000 In Attorney’s Fees For Document Sealing Battles In Marital Dispute

Cases: Family Law

  Second District, Division 8 Affirms Trial Court’s Conclusion That Fees Not Justified Under “Needs Based” Family Code Section 2030.      Ex-wife, whose resources were in the eight figures (given that ex-husband was wealthy based on his ownership interest in a private held Delaware corporation), sought to recoup $692,000 in attorney’s fees for efforts in

Family Law: No Abuse of Discretion to Award $5,000 Attorney’s Fees to Spouse, Given Parties’ Respective Incomes, Needs, and Ability to Pay

Cases: Family Law, Cases: Standard of Review

Fourth District, Div. Two, Upholds $5,000 Award in Attorney’s Fees to Wife, Where Husband Failed to Cite Evidence Supporting a Denial of the Request for Fees.      Mr. Parga sought to terminate his spousal support obligations to his former wife.  The court denied the husband’s request and awarded the wife $5,000 in attorney’s fees.  An

Family Law: A Two-Fer—One Affirmance and One Reversal/Remand

Cases: Family Law

Halverson v. Seymour, Case No H032446 (6th Dist. June 22, 2010) (unpublished)—an affirmance      In this one, husband appealed a $10,000 sanctions award of fees to wife under Family Code section 271. C’mon, is what the appellate court basically said on this one. There was evidence showing husband purchased a daycare facility and expensive jewelry

Family Law: $62,300 Fee Award To Wife Affirmed Because Husband Failed To Provide An Adequate Record For Appellate Review

Cases: Family Law

  Fourth District, Division 2 Affirms Based on Violation of Fundamental Appellate Tenet—Present A Complete Record; Also, Co-contributor Marc Gets A Puppy!      We don’t mean to be preachy (although we probably are at times), but the next case reinforces a crucial appellate practice reminder—one stressed by both practitioners and jurists alike—which is to make

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