Fourth District, Division Three Holds that Whether the Proceedings Were Brought in Good Faith or in Earnest is Not Correct Legal Standard for Denying Fees. Park E. Dietz and Laura B. Dietz entered into a stipulated judgment in 1999, in which they divided their community property, including their accounts, and agreed that Park would […]
Appellant Joan Drelinger (Mother) registered in 2004 a 1973 order for child support issued in the State of Nevada, and sought to enforce the order. The trial court confirmed the order’s registration but found respondent Jay Drelinger (Father) had satisfied his child support obligation. The court deferred ruling on the parties’ competing motions for
State Bar’s Decision that Discipline Was Not Warranted Does Not Move Court to Overturn Sanctions Award. The genesis of the next case was a heart-rending child custody dispute that could be a made-for-television movie. Unfortunately, it was real life rather than entertainment. Robinson v. Charlton A., A104663 (1st Dist., Div. 2, July 27, 2009)
Result Follows from Application of Abuse of Discretion Standard. In Marriage of Lilyquist and Dova, Case No. A121052, A121716 (1st Dist., Div. 3, July 24, 2009) (unpublished), the Court held (1) that a retroactive order reallocating child support obligations of the father was not an abuse of discretion; and (2) that failure to
Fourth District, Division 1 Discusses Broadness of 2030 Motion Procedure. The next case is not remarkable for affirming a “needs” award under Family Code section of $50,000 in wife’s favor. It is remarkable for showing the broad discretion and procedure that governs these awards by family law judges. In Marriage of Erwin-Rios and
Second District, Division 6 Finds No Abuse of Discretion in $5,000 Fee Award. Everyone knows that times are tough. However, this does not mean that every discretionary fee award should be appealed. The next case is a good example of why this is so, especially where a deferential standard of review is in play
Court of Appeal Shows Sensitivity to Economy in Ruling in Husband’s Favor. Many times, in our category “Family Law Awards,” we have explored needs-based attorney’s fees awards under Family Code section 2030, designed to level the playing field so that one of the former spouses can gain representation by a counsel. Although the
Fees/Costs Were Justified Under Family Code Section 6344(a). Under Family Code section 6344(a), a trial court may award attorney’s fees and costs to a prevailing party in a proceeding concerning a domestic violence restraining order after notice and a hearing on the issue. This provision was squarely at issue in the next case we
Fourth District, Division 2 Upholds No Sanctions Award in Unpublished Opinion. In our category “Family Law Awards,” we have surveyed many past decisions awarding fees against family law litigants based on Family Code section 271, which allows an award of fees as a sanction against a litigant that frustrates settlement, increases the cost of
Fourth District, Division 3 Sustains Award In a Wild Dissolution Case. For you television fans of “The OC,” we next discuss a case that could have served as an episode on the show—only with even more startling facts than the episodes that actually aired. It also demonstrates the limits of appellate review for fee
