Marriage of Talerman
This appeal arises from ongoing litigation in a marital dissolution action. Appellant seeks relief from a postjudgment order in which the trial court awarded Sarah Talerman (Sarah) $2,500 in attorney fees. Less than a month after the court entered a judgment in the Talermans' dissolution action, Abraham moved the court to set aside the judgment under Code of Civil Procedure section 473, subdivision (b), and/or to modify the child support award. Although the parties' attorneys appeared before the court on the hearing date for the motion, the court indicated that it did not want to hear oral argument and that it would take the matter under submission. The court issued an order denying Abraham's motion to modify the child support award on several grounds. The court also ordered Abraham to pay Sarah's attorney fees in the amount of $2,500.
Abraham contends that the trial court abused its discretion in ordering him to pay $2,500 in attorney fees. Abraham asserts that if the court's award of attorney fees was pursuant to Family Code[3] section 2030, the award of attorney fees should be reversed because the court failed to address the parties' relative circumstances at the time the request for attorney fees was made. Abraham also maintains that the court abused its discretion in awarding attorney fees because the parties' respective financial circumstances did not warrant the award, and because prior to the hearing date, Abraham had requested that the matter be taken off the court's calendar. Finally, Abraham contends that if the court intended the attorney fee award to be a sanction, the court abused its discretion because Abraham was provided no notice of a request for sanctions or of the court's intention to impose sanctions, and also because his conduct did not warrant the imposition of sanctions.
Court conclude that the trial court failed to demonstrate that it considered the factors a court must consider when determining whether to award attorney fees under section 2030. Court therefore reverse the portion of the trial court's order awarding attorney fees, and remand the matter to the trial court for it to make the necessary findings pertaining to an award of attorney fees in a dissolution action.
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