Marriage of Ferris CA1/5

BACKGROUND

A.

In 2005, Ferris and Williams entered into a contract related to a real estate transaction. The contract provided that “[s]hould litigation become necessary to enforce the terms of this Agreement, the prevailing party therein shall be entitled to recover all of his attorney’s fees and costs, including expert costs.”

Their venture fell apart and, as happens, litigation ensued. In October 2012, Williams sued Ferris; Ferris countersued. In July 2013, the court dismissed the cross-complaint after Ferris failed to amend following a successful demurrer. The court entered judgment for Williams on the cross-complaint, deemed her the prevailing party, and, in September 2013, awarded her $29,975 in attorney fees. Williams dismissed her complaint against Ferris in July 2013.

Meanwhile, Ferris and Minh2 married in 2009, almost three years before Williams sued Ferris. The couple legally separated in June 2013, while the litigation was pending, and Minh filed for divorce a month later.

2 To avoid confusion, we refer to Ms. Ferris by her first

name.

2 B.

In 2021, Williams successfully moved to intervene in the Ferris’s still-ongoing divorce action. Her complaint for joinder…