COURT AFFIRMS WIFE’S $149,672.12 FEES AWARD IN DIVORCE CASE!
COURT AFFIRMS WIFE’S $149,672.12 FEES AWARD IN DIVORCE CASE!
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COURT AFFIRMS WIFE’S $149,672.12 FEES AWARD IN DIVORCE CASE!

| Feb 1, 2019 | Firm News

When a party to a dissolution proceeding moves to modify an existing order, the other party may ask the court for “affirmative relief” in a responsive pleading, but only if that relief is “alternative to that requested by the moving party” and “on the same issues raised by the moving party.” (Fam. Code, § 213, subd. (a).)  Is a responding party’s request for sanction-based attorney fees under section 271 a request for “affirmative relief”? The Court of Appeal concluded that it is not. Accordingly, and because the appealing party’s other challenges of res judicata and collateral lacked merit, the Court of Appeal affirmed the award of sanctions in the form of attorney fees in the amount of $149,672.12 in this case.

See Perow v Uzelac.

The California Family Law Courts are serious!  If you are involved in an acrimonious type divorce or family law matter, you need an experienced and capable attorney on your side.  Contact the Law Office of Robert Rodriguez!

Robert Rodriguez has litigated well over 100 family law cases and civil litigation matters including personal injury motor vehicle cases, dog bite and slip & fall cases, breach of contract, defamation & invasion of privacy, fraud, unfair business practice, malicious prosecution, wrongful termination, workplace and employment matters including sexual harassment, wage & hour violations, discrimination pursuant to the FEHA, Gov’t Code §§ 12940 et seq., violations of the FMLA & Pregnancy Leave, Civil Rights  discrimination pursuant to 42 U.S.C. § 1983 and Title VII of the 1964 Civil Rights Act in the State of California and California federal district courts.

* Disclaimer – Robert Rodriguez is licensed to practice only in the State of California & this analysis is applied only under State of California law.  Robert D. Rodriguez is also admitted to practice in the U.S. District Courts, Central, Northern & Eastern Districts of California.  Robert Rodriguez has practiced in the State of California Court of Appeal.

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