In Re Marriage of Jovel

Appellant Rafael Jovel obtained reversal in this court of a judgment against him, and was awarded costs. The trial court ordered respondents Bay View Federal Savings and Loan Association and Bay View Auxiliary Corporation (hereafter, Bay View) to pay only $9,129 of the requested $28,510 attorney fees and half the costs of prosecuting the appeal. Appellant contends the trial court erred in limiting the award.

Background and Facts

After Silvia Jovel (hereafter, Wife) filed a marital dissolution action on July 17, 1987, she obtained from appellant a quitclaim deed transferring his interest in the family residence on Fulton Street in Sunnyvale to her. Wife was experiencing financial difficulties, and about seven months later she accepted financial assistance from her boyfriend Edgar Castro in exchange for an interest in the Fulton Street property. In transactions all taking place on August 1, 1988, she deeded that property to herself and Castro in joint tenancy. She and Castro then refinanced the property with Bay View for $127,500. They applied part of the proceeds as a down payment on a house on Monte Court in Fremont which they purchased as joint tenants. They executed a…