Family Code Sections 721 and 1100 Were Proper Predicates For The Award.
Husband was unhappy when hit with $42,105.06 in attorney’s fees in favor of ex-wife based on his withdrawal of thousands of dollars of community assets, withdrawal of the entire lump sum retirement benefits, and refusal to provide material facts and information about community assets in violation of Family Code section 721 and 1100. He appealed, but did not get any happier. The appellate court in Marriage of Verduzco and Werner, Case No. D064532 (4th Dist., Div. 1 Feb. 5, 2015) (unpublished) affirmed because these were fee entitlement bases and the record supported that the spouse acted with malice under Civil Code section 3294, a prerequisite to a section 1100 award. It did remand for the lower court to look at one small math error.