Legal Opinion · Concurrence

In Re Marriage of Newport

California Court of Appeal

Decided March 28, 1984No. Civ. 30176Published

1ConcurrenceCrosby, J.

I concur but with a few observations:

First, McClure v. McClure (1935) 4 Cal.2d 356 [49 P.2d 584, 100 A.L.R. 1257] stood only for the point that attorneys fees were not recoverable by a wife seeking to reinstate alimony long after it had terminated. (In re Marriage of Coleman (1972) 26 Cal.App.3d 56 [102 Cal.Rptr. 629]; Cochran v. Cochran (1970) 13 Cal.App.3d 339, 351 [91 Cal.Rptr. 630].) That holding may have been undermined by the expansion of the statutory basis for awards of fees of section 4370 of the Civil Code; but we have no need to discuss the question in this appeal, since spousal…

2Cases cited5 opinions

  1. McClure v. McClureCalifornia Supreme Court · 1935
  2. In Re Marriage of JafemanCalifornia Court of Appeal · 1972
  3. In Re Marriage of MulhernCalifornia Court of Appeal · 1973
  4. Cochran v. CochranCalifornia Court of Appeal · 1970
  5. In Re Marriage of ColemanCalifornia Court of Appeal · 1972

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