Bendetti

INTRODUCTION

In connection with dissolution proceedings, the husband’s first wife alleged, inter alia, that the husband fraudulently transferred property to the husband’s second wife. The first wife joined the second wife as a third party to the dissolution proceedings and moved for attorney fees pendente lite against the husband and the second wife, which fees the trial court awarded. We hold that the trial court had the discretion to award attorney fees pendente lite against the third party—the second wife—pursuant to Family Code section 2030, subdivision (d) 1 without regard to whether the moving party demonstrated a likelihood of success on the merits or whether there was a prima facie case linking the second wife to issues in the proceeding. We therefore affirm the order with a modification.

BACKGROUND

In November 1993, Paul Bendetti and his first wife Jeanette Lee Bendetti 3 entered into a marital settlement agreement (MSA) that divided the couple’s property and provided for spousal support for Jeanette. In May 1994, a judgment of dissolution ending Paul and Jeanette’s marriage was entered. Among the community property the MSA divided was the couple’s 50…