Cases: Family Law

Permissive Fees In A Family Civil Harassment Lawsuit Properly Denied Where Inadequate Record Presented Below And Trial Court Found Fees To Be Unreasonable In Amount

Cases: Family Law, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

  Second District, Division 3 Sustains Denial of Fees under Family Code section 6344(a).      The next case reinforces the notion that if you are going to appeal, make sure you develop an adequate record on review—especially so when a fee entitlement statute is permissive and any fee ruling is scrutinized under the abuse of […]

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Law Arbitration Award: Fee Sanctions Vacated Where Wife Had Argument That Contractual Arbitration Agreement Had Been Rescinded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 Feb. 17, 2009) (unpublished) are ominous in tone: “Arbitration typically is viewed as a relatively fast, inexpensive way to resolve disputes.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Unpublished Decision Makes the Point.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 In re Murphy, Case No. D051927 (4th Dist., Div. 1 Feb. 11, 2009) (unpublished).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

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