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« Costs: Costs Request Filed Before Judicial Referee Properly Preserved The Issue, Even Though No Costs Memorandum Filed With Superior Court | Main | Appealability, Class Action: Class Representative’s Appeal Of Fee Award Against Her Counsel Was Dismissed »

July 25, 2018

Family Law: Court-Appointed Expert Award Against Ex-Husband Reversed Because No Hearing Held To Determine If Request Was Reasonable

Evidence Code Section 730 Makes Reasonableness A Requirement.

            In Marriage of Aresh, Case No. G054062 (4th Dist., Div. 3 July 25, 2018) (unpublished), an ex-husband was saddled with a $179,561 award to a court-appointed forensic accountant in a dissolution matter. He appealed and was awarded by doing so. The problem was that Evidence Code section 730 determines that such an award must be reasonable in nature, and the lower court held no hearing to determine if that was the case. So, it was reversed and remanded for an evidentiary hearing. Justice Aronson authored the 3-0 opinion.

Posted at 04:53 PM in Cases: Family Law |

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