California Case Summaries

Family Law

Secondary practice area

4th District Court of Appeal, Family Law, Litigation

Timothy S. v. Sarah H. — Grandparent visitation petition is not a Uniform Parentage Act proceeding, so no fee award under Family Code section 7605

The Court of Appeal affirmed the denial of a mother's request for attorney's fees against a grandfather seeking visitation, holding that Family Code section 7605 applies only to Uniform Parentage Act proceedings and that juvenile dependency exit orders are not UPA judgments.

1st District Court of Appeal, Civil Procedure, Family Law, Litigation

In re Marriage of A.O. and Vologodskaya — Attorney Fee Request Under Family Code Section 6344 Filed 14 Months After Stipulated Restraining Order Was Untimely

The Court of Appeal reversed a $39,000 attorney fee award under Family Code section 6344 because the fee motion was filed 14 months after a stipulated domestic violence restraining order, well beyond the deadline in California Rules of Court, rule 3.1702.

4th District Court of Appeal, Civil Procedure, Family Law

Arora v. Arora — Family-Code Sanctions May Include Fees From Unsuccessful Contempt Proceedings

The Fourth District affirmed. Section 1218 and Family Code section 271 address different conduct and serve different purposes. Section 1218 permits a successful contempt movant to recover fees but does not create a reciprocal award for the alleged contemner. Section 271, by contrast, is a family-law sanction designed to encourage cooperation, settlement, and proportionate litigation. Applying section 271 to conduct occurring during contempt proceedings does not convert section 1218 into a reciprocal fee statute.

2nd District Court of Appeal, Estate Planning, Probate and Tax Law, Family Law, Probate

Jackson v. Meyer — Trust Revocation During Divorce Proceedings Valid Despite Failure to File With Court

California's Second District Court of Appeal held that a spouse's trust revocation during pending divorce proceedings is valid even though it was never filed with the court, as long as the other spouse received actual notice of the revocation as required by the trust instrument.

2nd District Court of Appeal, Family Law

In re Landon M. — Appeal Dismissed as Moot; Court Clarifies That Allowing Armed Father Access Does Not Constitute Reportable ‘Severe Neglect’ Under CACI

The Second District dismisses a mother's dependency appeal as moot after the juvenile court terminated jurisdiction and granted her sole custody, holding that allowing a father with known guns access to children constitutes 'general neglect' — not the 'severe neglect' that would trigger a reportable CACI listing.

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