Legal Opinion

Mooney v. Superior Court of Santa Cruz County

California Court of Appeal

Decided March 4, 2016No. H041500PublishedCited by 7 opinions

1Opinion of the Court

Opinion

MIHARA, J.

— Petitioner Susan Mooney seeks writ relief from the order of respondent Santa Cruz County Superior Court (the court) requiring her to pay real party in interest Paul A. Mooney’s attorney’s fees in connection with her motion for a settled statement under California Rules of Court, rule 8.137.1 She asserts that the court violated rule 8.137 and abused its discretion in awarding attorney’s fees. We find that the court abused its discretion in failing to rule on Susan’s motion and in awarding attorney’s fees. We therefore issue a peremptory writ of mandate.

*526I. Background

The…

2Cases cited5 opinions

  1. In Re Marriage of DuncanCalifornia Court of Appeal · 2001
  2. Western States Construction Co. v. Municipal CourtCalifornia Supreme Court · 1951
  3. People v. CervantesCalifornia Court of Appeal · 2007
  4. Sidebotham v. Superior CourtCalifornia Court of Appeal · 1958
  5. In Re Marriage of SullivanCalifornia Supreme Court · 1984

3Cited by7 opinions

  1. Jameson v. DestaCalifornia Supreme Court · 2018
  2. In re Marriage of Kindschi CA4/3California Court of Appeal · 2020
  3. Marriage of Blake and Langer CA2/4California Court of Appeal · 2020
  4. Rhue v. Superior CourtCalifornia Court of Appeal · 2017
  5. Rhue v. Superior Court of L. A. Cnty., California Court of Appeal, 5th District2017

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