Cases: Family Law

Family Law: After Two Decades Of Dissolution Battles, Husband Obtains $8,179.20 Fees Award For Brining A CCP § 664.6 Motion To Reduce A Marital Settlement Agreement To Judgment

Cases: Family Law

Wife Denied 2030/271 Sanction Requests—The Dissolution Battle May Be Over!             In Marriage of Shepherd, Case No. B322621 (2d Dist., Div. 3 May 4, 2023) (unpublished), two decades after a dissolution action was filed, husband and wife seemingly reached a marital settlement agreement (MSA) resolving all issues, read into the record in a court proceeding.  […]

Family Law: Although Family Code Section 271 Sanctions Were Justified, The Lower Court’s Sanction Award Was Reduced On Appeal

Cases: Family Law

The Reduction Was Tethered To The Misconduct At Issue.             In Marriage of Dolkhani & Izadpanahi, Case No. B317763 (2d Dist., Div. 7 Mar. 8, 2023) (unpublished), the lower court awarded Family Code section 271 sanctions (attorney’s fees) of $11,605 based on a dissolution litigant’s failure to cooperate in the preparation of a proposed judgment

Family Law: $13,000 Monthly Permanent Spousal Support Order And $175,000 Fees Order Under Needs-Based/Section 271 Grounds Reversed Where Lower Court Failed To Consider Totality Of Ex-Husband’s Ability To Pay Factors

Cases: Family Law

Reversal of Spousal Support Order Parlayed Into Reversal Of Fees Order.             In Kuo v. Liu, Case No. A164928 (1st Dist., Div. 2 Feb. 21, 2023) (unpublished), ex-husband was hit with a $13,000 monthly permanent spousal support payments and a $175,000 fees award to ex-wife under the needs-based Family Code provisions and Family Code section

Family Law: $97,500 Fee Award To Ex-Female Significant Other Under Family Code Section 6344 Is Affirmed On Appeal

Cases: Family Law

Ex-Male Significant Other Had Ability To Pay, But Lower Court Did Not Award Full Fee Request Of $181,042.             Johns v. Cummings, Case No. B313964 (2d Dist., Div. 4 Feb. 17, 2023) (unpublished) involved the aftermath of a romantic relationship between Thomas Cummings, a recording artist, and Whitney Johns, a fitness model/personal trainer, who both

Appealability, Family Law: Failure To Independently Appeal Family Code Section 271 Sanctions Motion Meant The Merits Could Not Be Reviewed

Cases: Appealability, Cases: Family Law

$25,000 Sanctions Order Was Not Subject To Review.             In Marriage of Freeman, Case No. B311411 (2d Dist., Div. 6 Dec. 6, 2022) (unpublished; opinion after rehearing), ex-wife was peeved she was assessed with Family Code section 2071 sanctions to the tune of $25,000.  However, her challenges could not be entertained because she did not

Family Law, Sanctions: $73,000 Fee Award, $220,952 Expert Fee Award, And $200,000 Sanctions Award Under Family Code Section 2107(c) Were Not Erroneous

Cases: Family Law, Cases: Sanctions

Statutory Provision Allows For These Awards Where An Ex-Spouse/Ex-Partner Fails To Satisfy His/Her Disclosure Violations In A Dissolution Proceeding.             Family Code section 2107(c) allows a family law judge to award fees, costs, and sanctions for disclosure violations during a dissolution proceeding, with certain disclosure obligations triggered by the service of the divorce action.  In

Family Law, Sanctions: Husband’s Dismissal of Joinder Complaint Involving Wife’s Brother Did Not Divest Lower Court Of Jurisdiction To Impose Sanctions Against Brother And In Favor Of Husband For Frivolous Motion Under Family Code Section 271

Cases: Family Law, Cases: Sanctions

$58,400 In Sanctions Were Imposed.             In In re Marriage of Blake & Langer, Case No. B311966 (2d Dist., Div. 4 Nov. 10, 2022) (published), husband filed a joinder complaint against wife’s brother and wife’s father in wife’s dissolution action.  Wife’s brother filed a frivolous motion to disqualify husband’s attorneys.  Husband filed a Family Code

Family Law, Substantiation Of Reasonableness Of Fees: Attorney Fee Award To Husband Prevailing In Restraining Order Matter Reversed Due To Lack Of Information Necessary For Trial Court To Perform A Lodestar Calculation

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

An Unsworn Statement Made By Husband’s Counsel, As To His Hourly Rate And Time Spent Working On The Case, Did Not Support The Trial Court’s Lodestar Calculation.             In Marriage of Halamandaris, Case No. E076933 (4th Dist., Div. 2 October 10, 2022) (unpublished), husband defeated wife’s attempt to obtain a restraining order under the Domestic

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