Court Filings

The Court of Appeal affirmed the family court’s orders vacating a default judgment in a marital dissolution case and denying the petitioner’s request for a statement of decision, then remanded for further proceedings. The court held the default judgment exceeded the relief requested in the form petition because the petition left property division items as “to be determined,” so the entry of a default awarding specific property violated the respondent’s due process right to notice. The court also concluded Family Code set-aside provisions and Code of Civil Procedure section 580 both apply, found the record supported mistake/lack of notice, and directed amendment of the petition and an opportunity to answer.

The Court of Appeal affirmed a postjudgment order in a divorce case that awarded the wife $12,500 in attorney’s fees (rather than about $49,000 she sought) after she prevailed on a dispute over the family home. The trial court reduced the requested fees based on the parties’ limited finances, overlitigation, and the reasonableness of the fees. The appellate court held the family law court did not err: when a marital settlement agreement contains a prevailing-party fee clause, the trial court may still consider Family Code factors (including ability to pay) in fixing the amount of fees, and it did not abuse its discretion here.