In this case, the Court of Appeal affirmed an attorney fee and costs order after Husband argued that 1) the trial court erred in denying him an evidentiary hearing; 2) the trial court did not consider the required factors as set forth in Family Code section 2030 et. seq; and 3) the trial court’s ultimate order of $25,000 was not supported by substantial evidence. Read more
In this case, the Court of Appeal considered whether a DVTRO could only be modified within the confines of Code of Civil Procedure section 533. Read more
DEPENDENCY (current through 3/20/2023)By: John Nieman The precise holdings in a given case are bolded. A.H. v. Superior Court A.H. v. Superior Court03/17/2023, CA 4/3: G061648https://www.courts.ca.gov/opinions/documents/G061648.PDF See summary under FAMILY LAW In re N.M. et al. In re N.M. et al.3/2/23, CA 2/1 B315559https://www.courts.ca.gov/opinions/documents/B315559.PDF Father appealed the granting of sole physical custody upon dismissal. Jurisdiction was originally based upon mother’s driving under the influence of alcohol with a child in the car. Father and mother lived apart then, mother lived… Read more
FAMILY LAW (current through 3/20/2023)By: Andrew Botros, CFLS The precise holdings in a given case are bolded. In re Marriage of Cohen In re Marriage of Cohen2/16/2023, certified for publication on 3/20/2023, CA 4/3: G060697https://www.courts.ca.gov/opinions/documents/G060697.PDF The Motion to Dismiss in the Trial Court In this case, Husband’s request to modify child support and spousal support was dismissed under the disentitlement doctrine. This part of the order was affirmed. The Court of Appeal first addressed the fact that the trial court… Read more