Family Law Two-Fer: Fees Denied Because Lawyering Did Not Help Resolve The Controversy And Notice Of Appeal Was Defective

 

Garner v. Aronson, Case No. B228396 (2d Dist., Div. 8 Dec. 9, 2011) (Unpublished).

     In this one, additional attorney’s fees were denied to wife for one simple reason: the work of her attorneys was of little value to the process of resolving and litigating the controversy towards a resolution. (In re Marriage of Duncan, 90 Cal.App.4th 617, 629 (2001).) Keep that in mind, you family practitioners out there!

Domestic Partnership of Passmore and Dahl, Case No. E051392 (4th Dist., Div. 1

Dec. 9, 2011) (Unpublished).

     This second one is even more of a sober reminder. One of domestic partners lost its ability to appeal a decision denying him a recovery of postjudgment fees from the other partner. The reason? The appealing partner did not clearly appeal the fee award denial in his notice of appeal. (Silver v. Pacific American Fish Co., Inc., 190 Cal.App.4th 688, 693 (2010).) Ouch!

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