Section 1717: Fee Recovery Under Stipulated Martial Settlement Agreement Governed By 1717 Principles, Not Family Law “Need” Precepts

 

 

$30,308 Fee Award Affirmed On Appeal, Less Than Ex-Wife’s Request For $80,000.

 

            In Marriage of Minkin, Case No. G052947 (4^th Dist., Div. 3 May 19, 2017 published; prior unpublished decision under date of April 24, 2017), the family law judge awarded $30,308 to ex-wife out of requested $80,000 in fees to enforce a stipulated martial settlement stipulation.  Ex-wife wanted more, but the appellate court found that there were bases to decrease the request based on over-litigation and rejecting prior settlement offers.  Ex-wife’s plea of having a shortage of funds did not carry the day when the issue was what was deserved based on a contractual fees clause.  Justice Aronson was the author of this decision.