Cases: Family Law – Page 49 – Cal Attorneys Fees

Family Law: A Two-Fer—Family Code Section 271 Award Affirmed And $1.2 Million Civil Code Section 1717 Stipulated Award Upheld On Appeal

March 28, 2009

Two Second District Decisions Are Surveyed. Marriage of Kaufman, Case No. B196632 (2d Dist., Div. 4 Mar. 27, 2009) (unpublished) In this one, wife—after remarrying in a very public ceremony—was ordered to pay her former husband’s attorney’s fees of $15,000 under Family Code section 271 (out of a requested $42,000 in fees), payable in […]

Family Law: Court Of Appeal Affirms $50,000 Attorney Fee Award Against Husband

Cases: Family Law

March 25, 2009

Wife Only Receives $50,000 Despite Claiming To Have Spent Over $200,000, With Husband Claiming He Had Paid $169,000 In Past Attorney’s Fees and $20,000 In Expert Fees While Still Owing $116,000 In Attorney’s Fees. The next case involves an award illustrating how expensive and resource draining family law contests can become when they are

Family Law: Split Decision On Correctness Of Family Law Code Section 271 Fee Awards

Cases: Family Law

March 21, 2009

First District Affirms, While Fourth District Reverses. Under our category “Family Law,” we previously have explored Family Code section 271, which authorizes a family law judge to award fees to a family law litigant where the other side fails to promote settlement or fails to reduce the costs of litigation by being uncooperative. Two

Family Law: Pendente Lite Fee Denial Reversed For Failure To Consider Family Code Section 2030/2032 Factors; Appellate Costs Reduction Reversed For Legal Error And For Allowing Satisfaction Through Installment Payments

Cases: Costs, Cases: Family Law

March 21, 2009

Fourth District, Division 3 Also Has Some Comments on Systemic Problems Plaguing Family Law Courts in Orange County. The next case is not only interesting for the legal issues discussed, but equally poignant in the way its weaves in a discussion of problems plaguing family law dockets in Orange County (and likely other California

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

March 20, 2009

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: Timely File Income/Expense Declaration And Supporting Papers Or Risk Denial Of Pendente Lite Attorney’s Fees Request

Cases: Family Law

March 6, 2009

Sixth District Affirms Denial of Wife’s Request for Fees Based on “Need.” In Falcone v. Fyke, Case Nos. H031458 & H031792 (6th Dist. Mar. 5, 2009) (unpublished), the family law judge denied wife’s request for an award of attorney’s fees to equalize the family dispute playing field because wife did not timely file

Family Law: Fee Award To Prevailing Party In Restraining Order Action Affirmed

Cases: Family Law

February 28, 2009

Family Code Section 6344 Authorizes the Award; Trial Court Did Not Err In Failing to Allocate the Award Between Costs and Fees. Stephens v. Lane, Case No. H032719 (6th Dist. Feb. 26, 2009) (unpublished) involved a wife who obtained an award for $15,000 in attorney’s fees and costs associated with winning a restraining order

Family Law Awards: Two Husbands Paying Spouse’s Fees Are Unsuccessful On Appeal

Cases: Family Law

February 26, 2009

Fourth District, Divisions Three and One Affirm Fee Awards Under Family Code sections 2030 and 2032. In our category “Family Law Awards,” we have frequently seen the courts awarding attorney’s fees to one spouse in family court proceedings based on Family Code sections 2030 and 2032. The purpose of these statutory provisions is to

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

Cases: Family Law, Cases: Sanctions

February 19, 2009

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

February 12, 2009

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