Cases: Family Law

Family Law, Probate: Husband Of Spendthrift Trust’s Beneficiary, Successfully Joining Trustee To Dissolution Proceeding, Potentially Entitled To Needs-Based Fees Even If No Bad Faith Demonstrated Against Trustee

Cases: Family Law, Cases: Probate

Collision Between Family Law And Probate Principles Came Out In Favor Of Section 2030.             In Marriage of Wendt and Pullen, Case No. C084083 (3d Dist. Apr. 28, 2021) (published), the Third District encountered the intersection of Family Code section 2030’s need-based fees award statute with Probate Code/spendthrift provisions relating to trust administration practices (including […]

Family Law: Grandfather In Custody Battle With Grandson’s Father Loses Appeal Of Trial Court’s Orders That He Pay Needs-Based Attorney Fees Of $66,820 For Father’s Attorney, Plus An Additional $137,010 For Grandson’s Court-Appointed Attorney

Cases: Family Law

Grandfather, Who Paid Almost $500,000 To His Own Attorneys, Stipulated That He Could Afford To Pay Any Reasonable Amount Of Attorney Fees – Even Into The Hundreds Of Thousands Of Dollars – While Father’s Income & Expense Declarations Indicated A Monthly Income Of Only About $2,100.             After his daughter’s health deteriorated, grandfather stepped

Family Law, Seriously: $7,325 Sanctions Award Under Section 271 Affirmed Where Ex-Wife Failed To Sign Stipulated Judgment After Agreeing To Written Settlement Terms

Cases: Family Law, Seriously

Postjudgment Activities Are Covered Under Section 271.             This next case, Marriage of Randazzo, Case No. E073891 (4th Dist., Div. 2 Feb. 23, 2021) (unpublished), falls under our “SERIOUSLY” new category which we have added to our blog.             What happened here, in brief, was that ex-wife moved to set aside a judgment entered after

Family Law: No Abuse Of Discretion In Trial Court’s $50,000 Award To Husband In Interim Needs-Based Attorney Fees Where Wife Has A Permanent Restraining Order Against Husband And Claims Of Domestic Violence

Cases: Family Law

Nothing In Family Code Section 2030 Absolutely Prohibits A Trial Court From Awarding Interim Attorney Fees Where There Is Documented Evidence Of A History Of Domestic Abuse.             In Marriage of Sangha, Case No. D077062 (4th Dist., Div. 1 February 22, 2021) (unpublished), wife was not happy when the trial court awarded her husband –

Family Law: $75,000 Breach-Of-Fiduciary Duty Sanction Under Family Code Section 1101(g) Reversed Based On Lack Of Competent Evidence

Cases: Family Law

Make Sure Your Supporting Evidence Gets Properly Admitted, With Judicial Notice Not Likely To Get The Job Done!             The Fifth District in Marriage of Patterson, Case No. F076753 (5th Dist. Feb. 9, 2021) (unpublished) reversed a Family Code section 1101(g) $75,000 sanctions award—mainly for attorney’s fees—in favor of ex-husband and against ex-wife.  The reason

Family Law, Sanctions: Trial Court’s Award To Attorney Husband Of $800 In Attorney Fees In The Nature Of Sanctions Under Section 271 Reversed As A Matter Of Law

Cases: Family Law, Cases: Sanctions

Self-Represented Attorney Husband Incurred No Fees To Which The Section 271 Sanctions Must Be Tethered.             Family Code § 271, subdivision (a), provides that “the court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law

Family Law: Lower Court’s Failure To Specifically Make Explicit Findings Under Family Code Section 2030 As To Ex-Wife’s Needs-Based Request Necessitated A Remand

Cases: Family Law

Equivocal Reasoning That Wife “Might Prevail In A 2030 Argument, But Certainly Not Prevail Under A 271 Argument” Was Too Cryptic An Explanation.             In order to level the dissolution playing field where one spouse has a greater access to financial resources (so as to pay attorneys and forensic accountants), Family Code section 2030 allows

Family Law: $1,225 Section 271 Sanctions Award Reversed As A Matter Of Law

Cases: Family Law

No Due Process Was Satisfied And Ex-Husband Had No Ability To Pay.             Family law practitioners should pay attention to Mar v. Ligne, Case No. A158768 (1st Dist., Div. 2 Dec. 16, 2020) (unpublished) with respect to what needs to be done to sustain a Family Code section 271 sanctions award.             The 271 sanctions

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