Although Notice Of Motion For Appellate Fees Was Untimely, Record Showed That The Lower Court Granted An Extension Request To Ex-Husband As Moving Party.
In Marriage of Richards, Case Nos. G062449 et al. (4th Dist., Div. 3 June 13, 2025) (unpublished), ex-wife appealed a Family Code section 271 sanctions and contractual marital stipulation fee award of $193,000 (out of a requested $234,000), inclusive of some appellate fees for husband winning a prior appeal. Appellant’s appeal was unsuccessful. With respect to fee entitlement, she could not attack the marital stipulation entered as a judgment through a collateral attack below, but only through an appeal which was not done. (Hobbs v. Duff, 43 Cal. 485, 490 (1872).) With respect to the appellate fees, ex-husband’s counsel was candid with the lower court that the appellate fees motion was untimely, but counsel lobbied for an extension and was granted fees—implicitly showing the extension was granted.