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CFLS > Attorney's Fees > Flashcards

Attorney's Fees Flashcards

1
Q

The court shall ensure each party has access to legal representation including access early in the proceedings, to preserve each party’s rights by ordering, if necessary based on the _____, one party, except a governmental entity, to pay to the other party, or other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of _____.

A

income and needs assessments

maintaining or defending the proceeding

Fam. Code 2030

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2
Q

Inherent subject matter jurisdiction authorizing award of _____.

A

fees and costs

Fam. Code 2010(f)

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3
Q

Court shall rule on application for temporary attorney’s fees application within _____ of the hearing on the motion or order to show cause.

A

15 days

Fam. Code 2031(a)(2)

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4
Q

May make oral motion for ______

A

pendente lite fees

Fam. Code 2031(b)

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5
Q

Fee awards early in the case are ____ when there is a disparity in access to funds. Courts can no longer just _____.

A

mandatory

“reserve” until trial

Marriage of Knox (2022) 83 Cal.App.5th 15

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6
Q

The court may make an award where the amount is _____ under circumstances of the parties.

A

just and reasonable

Fam. Code 2032(a)

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7
Q

Attorneys must demonstrate ____ in support of the fee application for court to be adequately informed as to reasonableness of fees.

A

core competency

Marriage of Cueva (1978) 86 Cal.App.3d 290

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8
Q

Fees awarded must be justified as to the amount based upon the _____, etc.

A

attorney’s work, experience

Marriage of Keech (1999) 75 Cal.App.4th 860

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9
Q

The record must establish the reasonableness of fees including _____.

A

efforts of counsel

Marriage of Rosen (2002) 105 Cal.App.4th 808

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10
Q

It was proper for court to deny a fee request where they made a finding that the case was ____ by the party requesting fees.

A

over litigated

Marriage of Huntington (1992) 10 Cal.App.4th 1513

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11
Q

Court may reduce or deny fees when billing records are _______, etc. Contemporaneous time records are essential.

A

contradictory, imprecise

Taylor v. County of Los Angeles (2020) 50 Cal.App.5th 205

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12
Q

It was proper for court to deny fees because block billing made it difficult for court to determine whether the fees were _____. The burden is on the party requesting fees.

A

reasonably necessary

Marriage of Nassimi (2016) 3 Cal.App.5h 667

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13
Q

In making attorney’s fees orders, the court shall take into consideration the _____.

A

4320 factors

Fam. Code 2032(b)

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14
Q

Despite disparity in incomes, the court can deny further fees where parties jointly ______.

A

litigate themselves into financial oblivion

Marriage of Winternitz (2015) 235 Cal.App.4th 644

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15
Q

The court may deny fees if determined that party _____

A

over-litigated.

In this case, the trial court concluded at least 4 days of trial were “wholly unnecessary.”

Marriage of Nakamoto & Hsu (2022) 79 Cal.App.5th 457

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16
Q

The court improperly ordered 2030 fees under premise of 271 (bad conduct), without a filed request, and without making any of the _____.

A

requisite findings in 2032

Mooney v. Superior Court (2016) 245 Cal.App.4th 523

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17
Q

Dicta that courts may require a party to ____ to pay fees under appropriate circumstances.

A

borrow money

Marriage of Hofer (2012) 208 Cal.App.4th 454

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18
Q

It was abuse of discretion to deny attorney’s fees where there was a showing of _____. Additionally, whether or not property subject to litigation could be used to secure fees (i.e. FLARPL), is irrelevant until the court does the proper analysis laid out in sections 2030-2032. Court erred by also not reviewing _____.

A

considerable disparity

billing statements

Marriage of Tharp (2010) 188 Cal.App.4th 1295

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19
Q

Abuse of discretion to deny attorney’s fees without considering the _____ and the other party’s ____.

A

needs of the requesting party

ability to pay

Marriage of Hatch (1985) 169 Cal.App.3d 1213

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20
Q

_____ is not a bar to receive fees considering the circumstances of the parties.

A

Considerable wealth

Marriage of O’Connor (1997) 59 Cal.App.4th 877

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21
Q

Substantial assets is not, alone, a reason to deny fees when there is _____.

A

a large disparity

Court erred to deny W fees when W had $700k in assets but H had $2M. Also found that H caused significant fees due to his commingling of assets.

Marriage of Ciprari (2019) 32 Cal.App.5th 83

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22
Q

Award/receipt of spousal support should not _____ when determining a fee contribution for need.

A

generally be considered

Marriage of Barth (2012) 210 Cal.App.4th 363

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23
Q

Continuous parental gifts (contributions) to living expenses may be _____.

A

characterized as income

Marriage of Alter (2009) 171 Cal.app.4th 718

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24
Q

Expected investment income and liquid assets are _____.

A

considered when determining need

Marriage of Duncan (2001) 90 Cal.App.4th 617

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25
Q

Cannot deny fees solely due to ____. If there is disparity in access to funds and payor has ability to pay for representation of both pirates, then award of fees is ____.

A

one-half of assets receiving in division of divorce

mandatory

Marriage of Morton (2018) 27 Cal.App.5th 1025

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26
Q

Party who fails to _____ may lose their right of appeal regarding attorney’s fees.

A

comply with financial disclosures

Marriage of Hofer (2012) 208 Cal.App.4th 454

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27
Q

The court should take into account support orders when determining the ability of one party to pay a _____. It was error for the court to presume the payor’s parents would provide the funds to pay the lump sum.

A

lump sum attorney’s fees order

Marriage of Schulze (1997) 60 Cal.App.4th 519

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28
Q

Unreported _____ can be the basis for determining ability to pay.

A

income

Marriage of Lister (1984) 152 Cal.App.3d 411

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29
Q

Fact the community business paid payor’s attorney’s fees can be determinative in _____.

A

their ability to pay

Marriage of Czapar (1991) 232 Cal.App.3d 1308

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30
Q

Even indirect control of assets from which a _____ can be determinative of their ability to pay.

A

party enjoys substantial benefit

Marriage of Dick (1993) 15 Cal.App.4th 144

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31
Q

Payment by parent to one party’s attorney on their behalf is _____ in determining ability to pay.

A

properly considered

Marriage of Smith (2015) 242 Cal.App4th 529

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32
Q

The court has ____ to order costs (i.e. expert costs, etc.)

A

broad discretion

Marriage of Ananeh-Firempong (1990) 219 Cal.App.3d 272

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33
Q

Absent statutory authority or permissible contractual provision, _____ is not the standard for issuing needs based fee award.

A

prevailing party

Marriage of Hublou (1991) 231 Cal.App.3d 956

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34
Q

The merits of a party’s argument is not the standard for issuing attorney’s fees. It was error for the court to state the motion was brought in good faith so no _____.

A

reason to shift the burden of fees

Marriage of Dietz (2009) 176 Cal.App.4th 387

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35
Q

The court may order payment of an award of attorney’s fees from any type of ____.

A

property, whether community or separate

Fam. Code 2032(c)

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36
Q

The court shall _____ the original award as reasonably necessary for the prosecution or defense of a proceeding.

A

augment or modify

Fam. Code 2030(c)

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37
Q

Not necessary to meet ____ to augment or modify fees.

A

standards of CCP 1008 (reconsideration)

Marriage of Hobdy (2004) 123 Cal.App.4th 360

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38
Q

No single fee order is _____ as it can be augmented or modified as necessary.

A

“all or nothing”

Marriage of Cryer (2011) 198 Cal.App.4th 1039

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39
Q

If ordered that a party not the spouse shall pay fees, it shall be limited to reasonably necessary related to the _____.

A

issue with that party only

Fam. Code 2030(d)
Marriage of Jovel (1996) 49 Cal.App.4th 575

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40
Q

A court may order one joined party to pay the fees of ____.

A

another joined party

Marriage of Bendetti (2013) 214 Cal.App.4th 863

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41
Q

A court may order fees be paid by a trust joined to the case, and it is not subject to a _____.

A

finding of bad faith by the trustee

Marriage of Wendt & PUllen (2021) 63 Cal.App.5th 647

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42
Q

Award of attorney’s fees may be made directly to ____. The court may also redirect payment of fees to a successor counsel.

A

counsel

Fam. Code 272

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43
Q

Pre-judgment the client must expressly or impliedly authorize a discharged attorney to _____. However, this is not the same for provisions in a judgment because the attorney is _____.

A

move for payment of attorneys fees

now a judgment creditor

Marriage of Green (2006) 143 Cal.App.4th 1312

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44
Q

A former attorney may make a request for fees from the other party so long as the former client _____.

A

has given implied consent

Marriage of Borson (1974) 37 Cal.App.3d 632

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45
Q

Client has authority to _____ at any time before the hearing on the Borson motion.

A

withdraw consent

Marriage of Read (2002) 97 Cal.App.4th 476

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46
Q

Attorney does not have standing _____ a Borson motion as technically would be “motion” of the party (not the attorney) to get fees from their spouse.

A

to appeal

Marriage of Tushinsky (1988) 203 Cal.App.3d 136

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47
Q

Either party may ______ in community real property to pay reasonable attorney’s fees in order to retain or maintain legal counsel in a proceeding. Notice must be given to the other party at least ____ before the encumbrance is recorded. The non-encumbering party may file an ex parte objection to the FLARPL.

A

encumber only that party’s interest

15 days

Fam. Code 2033 (FLARPL)

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48
Q

A FLARPL does not affect the court’s ability to determine the _____, and whether or not the fees requested are reasonable. The court can take into account litigation conduct as this helps determine reasonability. The court does not need to join the attorneys to reduce an award on a FLARPL.

A

amount of fees that should be paid

Marriage of Turkanis and Price (2013) 213 Cal.App.4th 332

49
Q

The court may deny a FLARPL upon a finding it would result in _____ AND may limit the amount of the FLARPL upon a _____.

A

unequal division of property

showing of good cause

Fam. Code 2034(a)

50
Q

The court has jurisdiction to _____ from the existence of a FLARPL.

A

resolve any dispute arising

Fam. Code 2034(c)

51
Q

The court has the authority to limit the FLARPL even _____.

A

after it is recorded

Marriage of Bittenson (2019) 41 Cal.App.5th 333

52
Q

It is crucial for attorneys to have _____. The trial court used sound bases for reducing attorney’s fees to $90,000 because the court found Plaintiffs conducted litigation that was less than civil.

A

civility in litigation and minimize tangential distractions

Karto v. Ari Design & Construction, Inc. (2021) 61 Cal.App.5th 734

53
Q

The court shall ensure each party has access to legal representation to preserve each party’s rights by ordering, if necessary based on the income and needs, one party to pay the other, whatever amount reasonably necessary for attorney’s fees and costs of ______ during the pendency of the proceeding.

A

maintaining or defending the proceeding

Fam. Code 7605

54
Q

The court may order reasonable fees of counsel, expert, and guardian ad litem, and other costs including _____, to be paid by the parties in proportions and at times determined by the court. The court may apply the standards set forth in 2032 and 7605 in making determination.

A

genetic testing

Fam. Code 7640

55
Q

Continuous parental gifts (contributions) to living expenses may impact ______ in paternity action.

A

fee award

Kevin Q. v. Lauren W (2011) 195 Cal.App.4th 633

56
Q

Fees may be awarded by the court when a guardianship proceeding is consolidated with a family law proceeding and the issue to be resolved is custody of a _____.

A

minor child of the marriage

Guardianship of Paduano (1989) 215 Cal.App.3d 346

57
Q

Court cannot order a fee award to the other spouse in defending another proceeding unless it is _____. Whether it is related involves consideration of access to representation in the family law proceeding because of the separate action.

A

a “related” matter

Marriage of Seaman & Menjou (1991) 1 Cal.App.4th 1489

58
Q

When one party files a separate action in an attempt to gain an unfair advantage of the other, the court has discretion to _____.

A

award fees of a disadvantaged spouse

Marriage of Green IV (1992) 6 Cal.App.4th 584

59
Q

In proceedings between H and W other than family law, the court has discretion to award fees to a spouse in the related proceeding. Consolidation is not a ______ motive.

A

prerequisite nor is improper

Askew v. Askew (1994) 22 Cal.App.4th 942

60
Q

Award of fees in another proceeding is appropriate where one spouse has ______ the separate action in an effort to _____ to representation in the family law proceeding.

A

initiated or motivated

obstruct a party’s access

Neal v. Superior Court (2001) 90 Cal.App.4th 22

61
Q

Court can award fees and costs to the prevailing party related to _____. Ability to pay is not at issue but _____ still is.

A

contract provisions (i.e. disputes of settlement agreements)

reasonableness of fees

Marriage of Sherman (1984) 162 Cal.App.3d 1132

62
Q

Attorney fee provision in stipulated judgment or MSA for prevailing party when court is sought to enforce any provision is _______.

A

valid and enforceable

Pont v. Pont (2019) 31 Cal.App.5th 428

63
Q

Any action on a contract, where the contract specifically provides that attorney’s fees and costs which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party; then the party who is determined to be the _____, shall be entitled to reasonable attorney’s fees.

A

prevailing on the contract, whether specified in the contract or not

Civil Code 1717

64
Q

“Prevailing party” includes _____. If not monetary (i.e. equitable), the court shall determine the prevailing party.

A

(1) the party with a net monetary recovery;
(2) the defendant in whose favor a dismissal is entered;
(3) defendant where neither party obtains relief;
(4)defendant as against those plaintiffs who do not recover any relief against that defendant

CCP 1032

65
Q

When multiple claims are presented, the court must consider _____ to determine the net “winner” between the parties.

A

aggregation of results

Harris v. Rojas (2021) 66 Cal.App.5th 817

66
Q

If court appoints private counsel, counsel shall receive a _____ and expenses, the amount of which is to be determined by the court.

A

reasonable sum for compensation

Fam. Code 3153(a)

67
Q

The court can order parties (including claimants) to pay private counsel _____.

A

attorney’s fees

Marriage of Perry (1998) 61 Cal.App.4th 295

68
Q

The court may require the parties to advance the costs of minor’s counsel from _____.

A

any source (including CP)

Marriage of Metzger (2014) 224 Cal.App.4th 1441

69
Q

Court has requirement to _______ between the parties any fees or costs of custody evaluation.

A

determine and allocate

CRC 5.220(d)(1)(D)

70
Q

Court must hold hearing to determine ______ and/or allocation of fees.

A

reasonableness of custody evaluator fees

Marriage of Laurenti (2007) 154 Cal.App.4th 395

71
Q

Error for court not to set _____ on reasonableness of evaluator’s fees.

A

independent hearing

Marriage of Adams and Jack A. (2012) 209 Cal.App.4th 1543

72
Q

If a report involving psychological testing of children or recommendations of custody/visitation is submitted to the court, it shall be set _____, and only released to the party, party’s attorney, law enforcement officer, judicial officer, or other upon court order.

A

as confidential

Fam. Code 3025.5

73
Q

If an _____ of a written confidential report is made, the court may impose a reasonable _____ on the disclosing party unless the court finds the disclosing party acted with substantial justification.

A

unwarranted disclosure

monetary sanction

Fam. Code 3111(d)

74
Q

A disclosure is unwarranted if it is done either _____, and is not in the best interest of the child.

A

recklessly or maliciously

Fam. Code 3111(f)

75
Q

Attorneys can be sanctioned even if the _____. “Intentional” disclosure is sufficient.

A

party (client) is not

Marriage of Anka & Yeager (2019) 31 Cal.App.5th 1115

76
Q

Disclosure sanctions to attorney even if not a party to the action as the _____.

A

statute specifies “person” not litigant

Shenefield v. Shenefield (2022) 75 Cal.App.5th 619

77
Q

Upon a noticed motion, court shall issue order for attorney’s fees for prevailing petitioner. Upon a noticed motion, court may issue order for attorney’s fees for prevailing respondent ONLY upon a showing by preponderance of evidence, that petition is ______ or solely intended to abuse, intimidate, or _____.

A

frivolous

cause unnecessary delay

Fam. Code 6344

78
Q

Failure to use judicial council forms not _____ AND fees do not have to be requested at time of DV. 6344 fees may be deferred until a _____.

A

fatal to request

separate request after the DV

Fatan v. Ahmedo (2015) 236 Cal.App.4th 1160

79
Q

There is nothing in 6344 that excludes the right to fees under ______ i.e. 7605 or 2030.

A

another provision

C.T. v. K.W. (2021) 71 Cal.App.5th 679

80
Q

The court may order a person (party or attorney), after written notice and an opportunity to be heard, to pay reasonable ____ to the court or to an aggrieved person, or both, for failure without good cause to _____. The sanction must not put an _____ on the person ordered to pay.

A

monetary sanctions

comply with the applicable rules

unreasonable financial burden

CRC 5.14

81
Q

The court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney ______ and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. An award cannot impose an unreasonable financial burden on the party being sanctioned. Need of fees is not relevant.

A

further or frustrates the policy of the law to promote settlement of litigation

Fam. Code 271

82
Q

Due process requires ____ for sanctions are imposed. The amount of sanctions should be scaled to payor’s ability to pay, including the affect it would have on a party’s ability to support his/her children.

A

adequate notice

Marriage of Duris & Urbany (2011) 193 Cal.App.4th 510

83
Q

Service of a ______ is sufficient for placing the other party on notice. Violating the privilege by attaching a mediation brief and/or breaching an agreed upon protocol may serve as a basis for sanctions.

A

notice of intent to seek sanctions

Marriage of Davenport (2011) 194 Cal.App.4th 1507

84
Q

Request of 271 sanctions in a response is not considered _____

A

“affirmative relief.”

Marriage of Perow & Uzelac (2019) 31 Cal.App.5th 984

85
Q

An overreaching ______ can be the basis for sanctions.

A

settlement proposal

Here, in a move away case, father wanted to be relieved of child support if he allowed mom to move and an agreement she give him china and silverware. The court found it overreaching and sanctionable.

Marriage of Abrams (2003) 105 Cal.App.4th 979

86
Q

Taking an unreasonable _____ may result in sanctions.

A

position in litigation

Marriage of Corona (2009) 172 Cal.App.4th 1205

87
Q

Taking an unreasonable position and shopping for an attorney willing to support the ______ is more than taking a hard stand and aggressively litigating, and such behavior may subject a party to sanctions.

A

unreasonable position (i.e. firing a reasonable attorney)

Marriage of Quay (1993) 18 Cal.App.4th 961

88
Q

Lack of cooperation, creating unnecessary delay, failure to attempt settlement, and forgery (POS) are all grounds for sanctions. Sanction not unreasonable where payor had amount coming from _____ and therefore had the ability to pay.

A

proceeds of a sale

Marriage of Falcone and Fyke II (2012) 203 Cal.App.4th 964

89
Q

Bringing unreasonable contempt to ______ frustrates the policy of the law and is sanctionable.

A

force other party to acquiesce to demands (in this case custody demands)

Parker v. Harbert (2012) 212 Cal.App.4th 1172

90
Q

Failure to disclose _____ may be considered uncooperative conduct.

A

SP (i.e. balances of accounts on I&E)

Marriage of Simmons (2013) 215 Cal.App.4th 584

91
Q

Court cannot sanction a party just for taking positions which the _____ with and/or attempting to disqualify a judge for perceived bias.

A

court disagrees

Featherstone v. Martinez (2022) 86 Cal.App.5th 775

92
Q

Although conduct of counsel can be the basis for an award of sanctions, the award is only made ____.

A

against the party

Marriage of Daniels (1993) 19 Cal.App.4th 1102

93
Q

It is not required for sanctions to be only issued at _____ nor is it required to state the amount of sanctions sought.

A

the end of the case

Marriage of Feldman (2007) 153 Cal.App.4th 1470

94
Q

Provides protection for communications made in connection with proceedings of all _____ whether state or municipal.

A

legislative bodies

Civil Code 47

95
Q

Statements made in pleadings and affidavits filed in divorce actions _____ under section 47 (so not privileged) unless under oath, without malice, and on reasonable grounds.

A

are not privileged

Silberg v Anderson (1990) 50 Cal.3d 210

96
Q

Sanctions may not be awarded to a party’s attorney when it is that attorney who is requesting the sanctions for the _____.

A

sole benefit of the attorney

Webb v. Webb (2017) 12 Cal.App.5th 876

97
Q

Sanctions can be issued for _____ that result from the offending individual’s behavior.

A

anticipated expenses

Menezes v. McDaniel (2019) 44 Cal.App.5th 340

98
Q

Because 271 sanctions is an award for attorney’s fees, they cannot be requested by a _____.

A

self-represented litigant

Marriage of Erndt & Terhorst (2021) 59 Cal.App.5th 898

99
Q

Postjudgment requests for sanctions can be denied under _____ if delay in filing unfairly prejudices the other party.

A

laches

George v. Shams-Shirazi (2020) 45 Cal.App.5th 134

100
Q

Award of 271 sanctions must be tethered to _____, but may include interest on unpaid attorney fee bill.

A

attorney’s fees and costs

Sagonowsky v. Kekoa (2016) 6 Cal.App.5th 1142

101
Q

Joined party’s frivolous motion to disqualify party’s attorney is _____. The voluntary dismissal of the joinder complaint does not divest the court of ordering sanctions against the almost joined party.

A

subject to sanctions

Marriage of Blake & Langer (2022) 85 Cal.App.5th 300

102
Q

Even as sanctions, the court must scale the fees so as not to impose an _____ on the sanctioned party.

A

unreasonable financial burden

Marriage of Norton (1988) 206 Cal.App.3 53

103
Q

Discovery sanctions under the CCP can be issued against parties and _____.

A

their attorneys

Marriage of Zimmerman (2010) 183 Cal.App.4th 900

104
Q

The court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order unless they acted ______ or that other circumstances make the imposition of the sanction unjust.

A

with substantial justification

CCP 2019.030(c)

105
Q

Misuse of the discovery process (subject to sanctions) include but not limited to: (1) persisting over objection to obtain information _____ of discovery; (2) using discovery method in a manner not in compliance with code; (3) employing method or manner causing unwarranted annoyance, embarrassment, or oppression, or undue burden and expense; (4) failing to ______ to an authorized form of discovery; (5) making, without substantial justification, an _______ to discovery; (6) making evasive response; (7) disobeying a court order to provide discovery; (8) making or opposing unsuccessfully, without substantial justification motion to compel; and (9) failure to confer in _____ attempt to resolve informally any dispute regarding discovery.

A

outside of scope

respond or submit

unmeritorious objection

reasonable and good faith

CCP 2023.010

106
Q

The court may, after notice and opportunity to be heard, impose monetary sanctions, issue sanctions, evidence sanctions, _______, or contempt sanction.

A

terminating sanctions

CCP 2023.030

107
Q

A trial court may order a party or attorney to pay the reasonable expenses including attorney’s fees, incurred by another as a result of actions or tactics, ______, that are frivolous or solely intended to cause unnecessary delay. Ability to pay is _____. Must follow 128.7 procedures for filing motion.

A

made in bad faith

NOT a factor

CCP 128.5(a)

108
Q

Frivolous means totally and completely _____or for the sole purpose of harassing an opposing party.

A

without merit

CCP 128.5(b)(2)

109
Q

Failure to appear at trial dates and/or claiming ready for trial, when not, ______.

A

could equate frivolous

Marriage of Sahafzadeh-Taeb & Taeb (2019) 39 Cal.App.5th 124

110
Q

Claims that are barred by res judicata, judicial admissions and judicial estoppel are ______ and grounds for sanctions.

A

objectively unreasonable

Bucur v. Ahmad (2016) 244 Cal.App.4th 175

111
Q

In addition to award under (a), the court may issue additional ______ if a convicted felon brings action against victims or families of victims.

A

punitive damages

CCP 128.5(d)

112
Q

By presenting to the court a pleading or other paper, the party and attorney are certifying that to the best of their knowledge, information and belief: (1) it is not being presented primarily for an ______; (2) the claims, defenses and other legal contentions are ______; (3) the allegations and contentions have evidentiary support or likely to have evidentiary support; and (4) denials of factual contentions are warranted on the evidence.

A

improper purpose

warranted by existing law (not frivolous)

CCP 128.7(b)

113
Q

Notice for 128.7 sanctions shall be served but not filed with or presented to the court unless, within 21 days after service of the motion, the challenged paper, pleading, claim, defense, etc. is _____.

A

withdrawn or appropriately corrected

CCP 128.7(c)(1)

114
Q

A court may impose reasonable sanctions, not to _____, payable to the court for any violation of a lawful court order done without good cause or substantial justification.

A

exceed $1,500

CCP 177.5

115
Q

The court may order attorney’s fees collateral to an issue on appeal while ______

A

the appeal is pending. (i.e. here F appealed the court’s finding he was the F and the attorney’s fees did not divest the appeals court of jurisdiction).

Sherry H v. Thomas B. (1988) 203 Cal.App.3d 1500

116
Q

Fees on appeal require determination of (1) need for the award; (2) ability to pay; (3) appeal _____; and (4) reasonable grounds for appeal.

A

taken in good faith

Marriage of Macfarlane & Lang (1992) 8 Cal.App.4th 247

117
Q

Failure to meet the burden of showing court’s ruling was unsupported by substantial evidence does not meet the standard of ______ or reasonable grounds for the appeal. This resulted in denial of appellate fees.

A

appealing in good faith

Marriage of Nakamoto & Hsu (2022) 79 Cal.App.5th 457

118
Q

Court may order a party or attorney to pay sanctions to the _____ if determined that appeal is frivolous.

A

court clerk

Marriage of Schnabel (1994) 30 Cal.App.4th 747

CFLS (16 decks)

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