Cases: Family Law

Family Law Arbitration Award: Fee Sanctions Vacated Where Wife Had Argument That Contractual Arbitration Agreement Had Been Rescinded

Cases: Family Law, Cases: Sanctions

Fifth District Vacates $6,000 in Sanctions Against Wife.      The beginning sentences of In re Marriage of Grady and Britten, Case No. F054668 (5th Dist. Feb. 17, 2009) (unpublished) are ominous in tone: “Arbitration typically is viewed as a relatively fast, inexpensive way to resolve disputes. This view assumes the existence of a clear and […]

Family Law: Trial Court Discretion Is Broad In Awarding Fees

Cases: Family Law

Unpublished Decision Makes the Point.      A family law judge awarded husband $8,000 in attorney’s fees after a protracted battle with ex-wife on numerous property and child custody issues. Husband thought he deserved more, but lost. In re Murphy, Case No. D051927 (4th Dist., Div. 1 Feb. 11, 2009) (unpublished).      Reason? You guessed it—husband

Family Law: $20,000 Fee Award To Husband Goes “Poof!”

Cases: Family Law

Reason: Court Did Not Consider Each Side’s Financial Needs or Other Relevant Factors.      In our category “Cases: Family Law Awards,” we have had occasion to examine cases awarding attorney’s fees to one side under Family Code sections 2030 and 2032. A family law judge must consider certain statutory factors in making fee awards under

Family Law: Section 271 Sanctions Award Affirmed On Appeal Even Where Fee Recovery Encompassed Fees Not Tied To Loser’s Failure To Cooperate.

Cases: Appeal Sanctions, Cases: Family Law

  Fourth District, Division One Sustains $3,000 Award Against Husband.      In our category “Cases: Family Law Awards,” we have reviewed past decisions discussing Family Code section 271, which allows a family judge to award fees as a sanctions against a litigant or counsel who frustrates the policy of encouraging settlement or cooperation in family

Family Law: Failure To Require Filing Of New Income/Expense Declarations Will Not Invalidate Statutory Fee Awards

Cases: Family Law

  Error In Not Requiring Updated Financial Declarations Deemed Harmless In Recent Fourth District, Division One Decision.       Under our category "Cases:  Family Law Awards," we have reviewed numerous attorney's fees awards under Family Code section 271 and other related provisions.  Section 271 is in the nature of a sanctions in family law cases, authorizing

Family Law Fee Awards: Trio Of Unpublished Decisions Discuss Fee Predicates and Standards of Review Upon Appeal of Fee Awards

Cases: Family Law

First District, Division One and Fourth District, Division One Decide Fee Award Challenges Under Family Code Sections 271 and 2030/2032.      Here is a trilogy of unpublished decisions involving review of fee awards in family law matters. Marriage of Hagan – Family Code section 271      The First District, Division One seemed to struggle with

Family Law: Needs-Based Fee Award Reversed On Due Process Grounds And Litigiousness-Based Fee Award Affirmed Under Abuse of Discretion Standard

Cases: Appealability, Cases: Family Law

Second and Sixth District Cases Show That Appellate Record Can Be The Key to Success on Appeal. Needs-Based Fee Award Is Reversed and Remanded      In Marriage of Rothe, Case No. B202733 (2d Dist., Div. 4 Nov. 20, 2008) (unpublished), the Court of Appeal reversed and remanded a lump sum fee award of $92,552.86 in

Dissolution Attorney’s Fees Awarded To Wife Based On Need And As A Sanctions For Husband’s Litigation Conduct Affirmed On Appeal

Cases: Family Law

  First District, Division Four Sustains Fee Awards Under Abuse of Discretion Standard.      In Marriage of Ciunkaite & Zhou, Case No. A120463 (1st Dist., Div. 4 Oct. 27, 2008) (unpublished), a trial court awarded respondent wife $13,000 in attorney’s fees (in addition to a prior $16,000 award) based on “need.” Wife had spent almost

Attorney’s Fees Award To Wife Reversed Because Trial Judge May Have Erred About Relevant Time Period And May Have Skewed The Financial Circumstances of The Parties Based On Child Support Miscalculations

Cases: Family Law

Even Under Abuse of Discretion Standard, Family Fee Awards Must Be Based on Consideration of Proper Set of Facts.      We have frequently discussed how deferential the abuse of discretion standard is in most fee awards, which is the governing standard for awarding attorney’s fees in marital proceedings.  (In re Marriage of Cheriton, 92 Cal.App.4th

Courts Of Appeal Affirm Two Different Attorney’s Fees Awards Rendered Under The Family Code

Cases: Family Law

Sixth District Sustains Section 2030 Need Award to Wife, While First District Affirms Section 271 Sanction Against Father.             In our category "Cases:  Family Law Awards," we have examined several decisions on attorney’s fees awards in dissolution/custody proceedings.  Two recent unpublished opinions affirmed awards made pursuant to two different Family Code provisions.

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