Reyes

Reyes v. Reyes

Good Law
159 Cal. Rptr. 84·1979 Cal. App. LEXIS 2235·97 Cal. App. 3d 876
Court of Appeal of CaliforniaOctober 18, 1979Civ. No. 3623California984 words

Opinion

Lead Opinion

Brown, J.

Toni Reyes, the wife, in a marital dissolution proceeding joined Carpenters Pension Trust Fund for Northern California (the Fund) to which her husband, Ralph Reyes, was a contributor. In the decree of dissolution the trial court ordered the Fund to pay directly to the wife her community property share of the payments to the husband as they will fall due when the husband retires and commences receiving payments. The Fund appealed. In 5 Civil 3575 (nonpublished), filed this date, we affirmed the order of the superior court pursuant to the authority of In re Marriage of Campa (1979) 89 Cal.App.3d 113 [ 152 Cal.Rptr. 362 ].

Subsequent to the trial court’s judgment in 5 Civil 3575 the wife moved the superior court to assess attorney’s fees against the Fund on the Fund’s appeal from the judgment. The court denied the motion, and the wife has appealed. We affirm.

Appellant’s primary contention on appeal is that Civil Code section 4370 should be construed to authorize a trial court to order any party in a dissolution action to pay attorney’s fees. That section provides in pertinent part: “(a) During the pendency of any proceeding under this part, the court may order the husband…

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