N.C.
N.C. v. E.K. CA1/5
Opinion
Opinion
Burns, J.
BACKGROUND
A.
E.K. and N.C. began dating in 2016 and separated in October 2022. In 2019, N.C. bought a house, in Redwood City, where she and E.K. lived until their split. Although E.K. asserts that he paid half of the down payment and closing costs,
Undesignated statutory references are to the Family Code. 1 pursuant to an agreement that the two would own the property 50/50, title to the house remains in N.C.’s name alone.
In November 2022, N.C. filed a request for a domestic violence restraining order. At an evidentiary hearing, held in March 2023, N.C. testified that, on October 28, 2022, she and E.K. argued about title to the Redwood City house. E.K. shoved her, slashed her car tire, and told her “you’re asking for it” during the argument. Finding abuse occurred, the trial court issued a three-year restraining order in N.C.’s favor. That order is now final. (Cal. Rules of Court, rule 8.104(a).)
Although N.C. did not check the relevant box on the restraining order request form to indicate that she was asking for E.K. to pay her attorney fees,2 she did indicate she was seeking payment of her fees in her short cause trial statement and trial brief. At the conclusion of…