Family Law: Attorney’s Fees Award Exceeding Requested Amount Reversed On Due Process Grounds

 

General Objection to Tentative Decision Awarding Incurred Fees Over Requested Amount Overturned.

      Marriage of Sidiakina and Navid, Case No. A129313 (1st Dist., Div. 4 Sept. 24, 2012) (unpublished) is another due process reversal in a family case where a lower court awarded $74,200.78 in fees to husband even though he only requested an award of $37,100 (fees incurred in a previous appeal, fraught with wife being declared a vexatious litigant along the way). The tentative ruling by the lower court announced this surprise result, and wife generically objected to the ruling–enough to preserve the issue of notice and due process for reversal. The gratuitous twice fee award was reversed on appeal to the requested fee award of $37,100.

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