In Re Marriage of Seaman & Menjou

Charles H. Seaman II appeals from an order of the family law court in a dissolution action awarding his former wife attorney’s fees in a separate juvenile court action, In re Marjorie S. (Super. Ct. Alameda County, 1991, Nos. 143621/143622; A046829). He contends the trial court lacked jurisdiction to order such fees and the award denied him procedural due process.

*1492 Statement of the Case and Facts

On September 23,1987, appellant filed a petition for the dissolution of his marriage to respondent, Patti Sue Menjou. The events which preceded the dissolution were the subject of an earlier appeal from a juvenile court action that resulted in the establishment of dependencies for the couple’s two children, J. and H. In May of 1987, J., then three years old, related a dream which led respondent to believe appellant had molested her. Respondent, who had herself been molested as a child, reported the possible molestation to the Alameda County Children’s Protective Service (CPS) in June. CPS closed its case in July, after which respondent made additional reports in July and September but the case was not reopened, the agency noting concerns that respondent had contaminated…

I concur in the result reached by the majority. I write separately to disavow the majority’s suggestion in dictum that the Legislature, in enacting Civil Code 1 section 4370 and predecessor statutes incorporated therein, authorized judges and commissioners in family law actions to award attorney fees and costs incurred in other independent actions which deal with issues “related” to issues arising in dissolution or annulment cases.

I would reach the holding of the majority because: (1) The “proceeding related thereto” language of section 4370 was intended to mean proceedings postjudgment and pendente lite growing out of the family law action itself; and (2) the sole bases for determining the liability of one party in a family law case to pay costs and fees therein to the other are the respective contemporaneous needs and financial condition of each party.

A. Relevant Legislative History

The majority correctly finds that the mere analysis of the “proceeding related thereto” language of section 4370 (and particularly the word “related”) results in conclusions of such generality that ascertaining the meaning of the phrase by that method is impossible.

However, my colleagues, with…

Charles H. Seaman II appeals from an order of the family law court in a dissolution action awarding his former wife attorney's fees in a separate juvenile court action, In re Marjorie S. (Super. Ct. Alameda County, 1991, Nos. 143621/143622; A046829). He contends the trial court lacked jurisdiction to order such fees and the award denied him procedural due process.

On September 23, 1987, appellant filed a petition for the dissolution of his marriage to respondent, Patti Sue Menjou. The events which preceded the dissolution were the subject of an earlier appeal from a juvenile court action that resulted in the establishment of dependencies for the couple's two children, J. and H. In May of 1987, J., then three years old, related a dream which led respondent to believe appellant had molested her. Respondent, who had herself been molested as a child, reported the possible molestation to the Alameda County Children's Protective Service (CPS) in June. CPS closed its case in July, after which respondent made additional reports in July and September but the case was not reopened, the agency noting concerns that respondent had contaminated the child's statement due…