“Just For Right Now” Award Meant Wife Could Ask For More Down The Road, And Wife Had Burden Of Demonstrating She Was Prejudiced By Trial Court’s Failure To Make Express Findings.
In Marriage of Davda and Tejeda, Case No. B310091 (2d Dist., Div. 6 February 23, 2022) (unpublished), Wife appealed trial court’s order awarding her with one-half of the $10,000 she requested in Fam. Code § 2030 attorney’s fees to challenge limitations in a premarital agreement – arguing that the $5,000 award did not create parity in the parties’ financial abilities to obtain legal representation, and that the trial court had failed to make the required express findings, under Fam. Code § 2030(a)(2), regarding the parties’ respective finances and needs.
The 2/6 DCA affirmed. As to the amount of the trial court’s award, there was no abuse of discretion. The panel found the award reasonable given that discovery was ongoing and the trial court stated that Wife may “ask for more” as the award was “just for right now.” As to the express findings, Wife did not meet her burden of demonstrating prejudice regarding the lack of express findings. (In re Marriage of Morton, 27 Cal.App.5th 1025, 1051 (2018) [harmless error test where express findings not made pursuant to section 2030].)
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