California Court of Appeal

In a marital dissolution proceeding, trial court's order denying wife's request for attorney's fees and costs incurred, and denying sanctions against the husband is reversed and remanded where: 1) the public policy purpose behind 2030 and 2032 is 'leveling the playing field' and permitting the lower-earning spouse to pay counsel and experts to litigate the issues in the same manner as the spouse with higher earnings, and as such, attorney fees, financial experts, other experts, witness fees, and other costs are all awardable; 2) family court's failure to consider certain evidence and the procedural history of the case in denying sanctions against the husband was an abuse of discretion; and 3) on remand, the case is assigned to a different judicial officer as, fairness and the appearance of fairness will be achieved only if the entire case is reassigned to another judicial officer.

Appellate Information

• Decided 10/01/2010
• Published 10/01/2010

Judges

• CORNELL

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Todd W. Baxter, C.D. Harbottle