When we covered some of the tips and pitfalls of family-law appeals on
episode 6 of the California Appellate Law Podcast, it became one of our most popular episodes. So we invited Victoria Fuller, a certified appellate specialist focusing on family law, to join us for another installment.
Walking practitioners through various procedural issues in family-law cases, Victoria discusses with co-hosts Tim Kowal and Jeff Lewis:
- The unique post-judgment relief available under Fam. Code, § 2122 for fraud, duress, mistake, and financial-disclosure violations;
- Expanded relief on motions for reconsideration;
- The critical statement of decision process; and
- Despite these remedies, why do family-law appeals feel like such an uphill climb? (Answer: because family-court judges have so much discretion even they don’t realize the full extent of it.)
Other links:
- Victoria Fuller, “Understanding the difference between family law and civil appeals,” Daily Journal (Dec. 13, 2021), available at https://www.dailyjournal.com/mcle/1094.
- Cases discussing motions for reconsideration available here, compared with In re Marriage of Horowitz, 159 Cal. App. 3d 377, 379, 381-85 (1984).
- San Francisco v. Hale (D1d2 Feb. 17, 2022 no. A161503) 2022 WL 483925 [ https://tvalaw.com/publication/family-law-judgment-reversed-for-failure-to-provide-a-statement-of-decision], reversing because the family judge refused to provide a SOD on request. (Subsequently ordered published.)
- Judge VanDyke, discussed in episode 26, correctly predicted en banc review of McDougall: http://www.metnews.com/articles/2022/VanDykesPrediction_03092022.htm.
- After more than 20 years on the appellate bench, Justice Richard D. Fybel of the 4th District Court of Appeal will retire March 31, 2022.
