Fourth District, Division 2 Issues Writ of Mandate.
Before we wish all of our readers a Happy Easter (and a post-Happy Passover or other celebrations at this time of year), we report on Smith v. Superior Court (Smith), Case No. E053048 (4th Dist., Div. 2 Apr. 22, 2011) (unpublished).
There, in a family law case, the lower court informed wife’s attorney that an attorney’s fees award would not be made against his client. Lo and behold, the actual order did require wife to pay husband’s attorney’s fees.
Writ was issued because this constituted a due process denial. The writ directed the lower court to either vacate the fee award or schedule a hearing so wife’s attorney could argue against such a fee award.
Happy religious celebrations for all our readers, in the near past or in the weekend that is on us.
