Second District, Division 1 Finds Unrepresented Wife Did Provide Adequate Financial Information, Whereas Represented Husband’s Failure to File Income and Expense Declaration Was Consequential.
The next case illustrates that appellate court’s willingness to excuse technical violations may depend on whether the litigant is represented by counsel or representing himself/herself.
In Marriage of Sherman, Case No. B207419 (2d Dist., Div. 1 Aug. 31, 2009) (unpublished), the appellate court was reviewing a family judge’s $15,000 award of attorney’s fees to wife based upon “need” under Family Code section 2030/2032. Husband, who was represented by counsel, challenged the award because wife, who was unrepresented by counsel, did not file an updated income and expense declaration. The problem, however, was that husband failed to file any declaration either. But, wife did file declarations describing how her financial situation had changed since she had filed an income and expense declaration several months earlier. The appellate court found no prejudice was suffered by wife’s error, because husband did have the “changed” financial information.
The appellate panel did reprimand husband for not filing an income and expense declaration, especially given he was represented by counsel. End result: fee award affirmed.