Cases: Family Law

Family Law: 4/3 DCA Affirms Trial Court’s Denial Of Husband’s Needs-Based Section 2030 Fees For $50,000 In Fees Incurred And $30,000 For Appellate Fees From Third-Parties Husband Claimed Owed A Community Asset Of $4 Million

Cases: Family Law

Husband Incurred Attorney Fees Over And Above The Trial Court’s Previous Awards To Him Totaling $150,000 By Overlitigating The Case, And Failed To Provide The Trial Court With Reasonable Grounds For Appeal.             Husband litigated a claim that his siblings and family-owned business entities owed him $4 million through the proceeding for dissolution of his […]

Family Law: No Abuse Of Discretion In Trial Court’s Denial Of Fees And Costs For Appeal Of Companion Case To Mother In Parentage Action Who Earned Significantly Less Than Father, But Remand Was In Order For Denial Of Needs-Based Fees For DVPA Action

Cases: Family Law

Family Code Section 7605 Allows For Needs-Based Fee And Costs Awards In Parentage Proceedings, But Can Apply To Separate Domestic Violence Prevention Act Proceedings Where They Involve The Same Or Similar Subject Matter.             The mother of a 12-year-old boy, who has been involved in a contested parentage action with the boy’s father for roughly

Family Law, Sanctions: No Abuse Of Discretion In Trial Court’s $37,500 Attorney Fees Award, Which Included A $7,500 Deduction Based On Wife’s Conduct, Against Husband In The Form Of Section 271 Sanctions

Cases: Family Law, Cases: Sanctions

Trial Court Had Ensured Against Financial Burden On Husband By Ordering Payment Of The Sanctions Through $200 Monthly Increments, And Its Statement Of Decision Made Clear That The Trial Court Had Considered The Behavior Of Both Parties.             Family Code section 271(a) – the purpose of which is to promote settlement and encourage cooperation –

Family Law: Appellate Court Affirms 80/20 Total Fee Division Between Husband And Wife Where Husband Had A Disparate Net Worth Variance

Cases: Family Law

What Caught Our Eye On This One—Total Fees And Court Costs Were $7.5 Million Altogether!             Marriage of Zucker, Case Nos. B281051 et al. (2d Dist., Div. 4 Mar. 3, 2022, modified Apr. 1, 2022) (partially published on invalidity of spousal support provision; fee discussion unpublished) involved a dissolution proceeding where the husband had a

Family Law: Family Code Section 2020 Denial Of Fees To Ex-Wife Was No Abuse Of Discretion Given The Record Created By Ex-Husband

Cases: Family Law

2030 Fee Orders Are Guided By An Abuse Of Discretion Standard With Respect To The Parties’ Ability To Pay.             Ex-wife, in Marriage of Ian W. and Margot H., Case No. A160486 (1st Dist., Div. 4 Mar. 21, 2022) (unpublished), was under the misapprehension that Family Code section 2030 fees were mandatory in any event. 

Family Law: Trial Court’s Denial Of Additional Attorney Fees Award To Husband Affirmed Despite Failure To Make Explicit Findings Under Section 2030

Cases: Family Law

Failure To Make Required Findings Under Family Code Section 2030 Requires Reversal Only Where A Reasonable Probability Exists That A More Favorable Result To The Appealing Party Would Have Been Reached If Explicit Findings Were Made             In Marriage of Callas, Case No. C093353 (3rd Dist., March 8, 2022) (unpublished), husband who had been

Family Law: Trial Court’s Award Of $28,000 In Attorney Fees And $2,000 For Court Reporter Costs As Sanctions Against Wife For Breach Of Fiduciary Duty Affirmed On Appeal Even Though Husband’s Moving Papers Did Not Address The Breach

Cases: Family Law

Exceptions To The General Rule That A Court May Consider Only The Grounds For Relief Specified In A Notice Of Motion, Or Request For Order, Applied In This Case.             In Marriage of Torres, Case No. D078469 (4th Dist., Div. 1 February 25, 2022) (unpublished), wife appealed the trial court’s order awarding husband $28,000 in

Family Law: No Abuse Of Discretion In Trial Court’s Award Of One-Half Of Wife’s Requested Needs-Based Attorney Fees, And Wife Failed To Show Prejudice Regarding The Trial Court’s Failure To Make Express Findings Under § 2030

Cases: Family Law

“Just For Right Now” Award Meant Wife Could Ask For More Down The Road, And Wife Had Burden Of Demonstrating She Was Prejudiced By Trial Court’s Failure To Make Express Findings.             In Marriage of Davda and Tejeda, Case No. B310091 (2d Dist., Div. 6 February 23, 2022) (unpublished), Wife appealed trial court’s order awarding

Family Law, Fee Clause Interpretation: Fee Clauses In Dissolution Proceeding Did Not Preclude Ex-Wife’s Recovery Of Fees In Subsequent Domestic Violence Prevention Act Proceeding

Cases: Family Law, Cases: Fee Clause Interpretation

Case Remanded On Ex-Wife’s Request For $337,236 In Fees For DVPA Proceeding.             Where a litigant is involved with classic contractual interpretation of a fees clause without any conflicting extrinsic evidence, the result can be a de novo review shocker as revealed in Marriage of Fischer, Case No. A160179 (1st Dist., Div. 2 February 8,

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