In Re Marriage of Read

Randolph C. Read appeals an order by the trial court requiring him to pay fees to the former attorneys for his ex-wife, Lindsey D. Read, in their dissolution proceeding. He contends that Lindsey Read had discharged the law firm and withdrawn the motion for an award of fees before the trial court ruled, depriving the court of jurisdiction over the case. We conclude the trial court erred in granting the motion under these circumstances and reverse.

Factual and Procedural Summary

The Reads were married in October 1992. Lindsey filed for legal separation on November 13, 2000 with a request for legal fees. On February 1, 2001, Lindsey’s then attorney, Laura Wasser of Wasser, Cooperman & Carter, filed a motion for fees and costs pursuant to In re Marriage of Borson (1974) 37 Cal.App.3d 632 [ 112 Cal.Rptr. 432 ]. The same day, the law firm of Freid and Goldsman filed an association of counsel on behalf of Lindsey. In a declaration in support of the motion for fees, Laura Wasser explained that her firm was no longer going to represent Lindsey in the proceedings. The Wasser firm substituted out of the case.

Freid and Goldsman represented Lindsey at a hearing on the order to…