Family Law/POOF!: Third District Reverses Fee Award After Overturning Judgment On Two Claims Against Motor Home Buyer And Sustains 271 Sanctions Against Mother Based On Inadequate Record/Lack of Prejudicial Error

 

     Here is a quick two-fer from the Third District:

     Lafferty v. Wells Fargo Bank, Case No. C067812 (3d Dist. Feb. 4, 2013) (published): Judgment was entered against buyer in a defective motor home dispute with a lender to whom an installment sales contract was assigned by dealer. The trial court also awarded $45,700 in fees to lender based on a contractual fees clause. However, the fee award went POOF! when the appellate court reversed the judgment on two claims so that the prevailing party status was not completely determined as yet. (Gilman v. Dalby, 176 Cal.App.4th 606, 620 (2009).)

     Marriage of Katumbusi & Whyte, Case No. C067692 (3d Dist. Feb. 4, 2013) (unpublished) involved custody and visitation disputes between mother and father. Mother was hit with Family Code section 271 sanctions of $3,000 (payable $50 per month) after the lower court found mother was somewhat impoverished and taking care of other children. Mother appealed, but was unsuccessful because she failed to provide an adequate record and also failed to demonstrate prejudicial error.