Sixth District Finds Award Was No Abuse of Discretion The next case counsels litigants caught up in family law proceedings to be candid with the trial judge with respect to submission of financial evidence. Failure to be candid frequently will negatively impact the merits, as well as influence the court’s thinking on awarding
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,
The Reversal: Marriage of Schneider, Case No. B215675 (2d Dist., Div. 7 Aug. 24, 2010) (Unpublished).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
Third Party Claimant May Have No Standing to Receive 2030 Needs Award in Dissolution Proceeding, While Attorney May Lack Standing to Appeal Borson Motion Denial. The interesting thing about this blog is what we learn each day from reading and then posting on various decisions. Here, we learned about motions brought under Marriage
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
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
Second District, Division 8 Sustains Family Law Commissioner Across the Board. Well, ex-husband in the next one—who lost an attempt to have custody of his children shifted from his ex-wife—was hit with an order directing him to pay past arrearages to wife for attorney’s fees awards as well as hit with an additional award
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 June 22, 2010) (unpublished)—an affirmance In this one, husband appealed a $10,000 sanctions award of fees to wife under Family Code section 271.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
However, He Still Owes Ex-Wife Attorney’s Fees To Level The Playing Field. Harrison v. Harrison, Case No. B211921 (2d Dist., Div. 8 June 11, 2010) (unpublished) involved a fiery dissolution proceeding between ex-husband (a former pyrotechnician who started up his own business) and ex-wife (a mother of a small son who was a stay-at-home
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
