Third District Reverses Lower Court Deferring Award for Unspecified Period. Marriage of Shurr, Case No. C057456 (3d Dist. May 12, 2009) (unpublished) does remind us that procedural time limits do exist for a reason and are frequently enforced by their terms. A trial court failed to hear wife’s request for an award of attorney’s […]
Fourth District, Division 1 Finds Husband Had Income and Assets More Than 1600% Greater Than Wife. As the next case illustrates, most “needs”-based awards under Family Code section 2030 are reviewed under the deferential abuse of discretion standard. When that standard is used, an affirmance follows in most situations. Marriage of Carson, Case
L.A. Local Rule Had to Yield to Family Code Allowing for Oral Fee Request. In Sadegh v. Nikjeh, Case No. B201036 (2d Dist., Div. 2 May 6, 2009) (unpublished), a family law judge denied an oral request for a temporary “needs” attorney’s fees award under Family Code section 2031 because L.A. County Superior Court
Inadequate Record Dooms Appeal of $4,000 Fee Award Against Husband. In Marriage of Katz, Case No. G040685 (4th Dist., Div. 3 May 5, 2009) (unpublished), the husband was ordered to pay $4,000 of his wife’s attorney’s fees under Family Code sections 2030/2032, even though wife sought fees of $5,562 for husband’s claimed failure to
Sixth District Rules Again On Dissolution Dispute Between Repeat Litigants. In Marriage of Falcone and Fyke, Cases Nos. H032396 & H032482 (6th Dist. May 1, 2009) (unpublished), the Sixth District dealt, yet again, with a former husband and wife that had been before it on numerous occasions. (We, too, have posted on their prior
First District, Division 3 Affirms Fee Denial; Wife Also Hit With $4,000 in Sanctions Under Section 271. Ex-wife was married over 18 years to a successful attorney, who was apparently generous in both support payments and settlement equalizations in dissolution proceedings—at least according to the Court of Appeal. There were substantial assets to divide,
Second District, Division 6 Affirms Award Based on Family Code section 271. We have under our category “Family Law” discussed on many occasions the application of Family Code section 271, a sanctions-designed statute allowing attorney’s fees to be assessed against a family law litigant that is uncooperative, subverts resolution of disputes, and increases the
Fourth District, Division 1 Offers a Tutorial on Section 271 Awards. Under our category “Family Law,” we have surveyed past attorney’s fees awards under various sections of the Family Code because, after all, we are an equal opportunity blogger and like to survey fee decisions across the board in California. One of the most
Fourth District, Division 3 Finds He Violated Fundamental Tenet of Appellate Practice—Failure to Provide an Adequate Record. Disgruntled husband was hit with a $1,500 adverse fee award assessed by a family law judge and made payable to wife’s attorney. Presumably, the award was made under Family Code section 271, which is a sanctions statute
Family Code Section 271 Is Broader than Just Encompassing Activities that Frustrate Settlements. Both former spouses got hit with attorney’s fees under Family Code section 2032 and 271, although husband was the “net” winner with $14,000 due after offsetting wife’s fee award. The amount was to be paid from wife’s sequestered escrow funds.
