Family Law: $97,500 Fee Award To Ex-Female Significant Other Under Family Code Section 6344 Is Affirmed On Appeal

Ex-Male Significant Other Had Ability To Pay, But Lower Court Did Not Award Full Fee Request Of $181,042.

            Johns v. Cummings, Case No. B313964 (2d Dist., Div. 4 Feb. 17, 2023) (unpublished) involved the aftermath of a romantic relationship between Thomas Cummings, a recording artist, and Whitney Johns, a fitness model/personal trainer, who both have significant online followings.  After the relationship apparently soured, Ms. Johns prevailed on a request for a domestic violence restraining order and was awarded attorney’s fees of $97,500 against Mr. Cummings under Family Code section 6344, although much less than the $181,042 requested (with her Westside L.A. attorney awarded $650 per hour because he did a strong job of presenting petitioner’s case). 

            Mr. Cummings appealed the award, but it was affirmed.  The prevailing party in a Domestic Violence Prevention Act matter can be awarded attorney’s fees in the discretion of the lower court, although the ability to pay of the losing party must be considered.  The matter was contested vigorously, with there being financial evidence that Mr. Cummings did have assets and significant yearly royalty earnings.  That was sufficient to sustain the award.

Comments

[melissa torres]

The opinion was not due to the broadness of a 271 sanction, per se. It was due to a 271 being a noticed motion, and even if coming from the court it requires notice and its own hearing to defend from it. Also, it requires income/ability to pay inquiries before an amount is set. The court of appeal definitely found the trial courts tone biased despite statements made to appear otherwise lolol. That judge has ruined many lives and I’m glad Ms. Featherstone held her ground while even managing a published opinion.