In Re Marriage of Lisi

California Court of Appeal Oct 26, 1995 No. B086709Published

Before: Armstrong

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Holding. The court held that because the right to attorney fees for court-appointed counsel for children had been adjudicated prior to a party's death, the court retained jurisdiction to determine the amount and allocate payment after the party's death.

Issues

Did the death of a party in a dissolution action abate the court's jurisdiction to determine and allocate attorney fees for court-appointed counsel for the children?

Disposition. affirmed

Quotations verified verbatim against the opinion

“Since the right to fees had been adjudicated before Mr. Lisi's death, the court retained jurisdiction after his death to determine the amount of fees and allocate payment between the parties.”

“Ms. Vogel's and Ms. Amado's rights to attorney fees for representing the children vested prior to Mr. Lisi's death and became a property right.”

39 Cal.App.4th 1573 (1995) 46 Cal. Rptr.2d 623 In re the Marriage of KENNETH and PAMELA B. LISI.

PAMELA B. LISI, Appellant,

PEARL FRANKLIN VOGEL et al., Respondents.

Docket No. B086709. Court of Appeals of California, Second District, Division Five.

October 26, 1995. [1574] COUNSEL

Brady, Riggs, Ford & Booth and Brendan P. Brady for Appellant.

Honey Kessler Amado, in pro. per., and for Respondents.

[1575] OPINION

ARMSTRONG, J.

On November 4, 1992, Kenneth Lisi filed a petition to dissolve his marriage to Pamela Lisi. A bitter battle developed over the custody of the parties' two minor children. Pursuant to Family Code section 3150, which authorizes the court to appoint private counsel to represent the interests of children in a custody proceeding, the court appointed respondent Pearl Franklin Vogel to represent the two children. Ms. Vogel retained Honey Kessler Amado to assist in the representation of the children.

On October 22, 1993, the court relieved Ms. Vogel as counsel for the children pursuant to stipulation and without prejudice, subject to reappointment on motion of one of the parties prior to time of trial. The court further ordered that "reasonable attorney's fees for Ms. Vogel will be determined at time of trial. Such fees will be paid out of the proceeds of the sale of the family residence subject to allocation of her attorney's fees as to each parties' [sic] share."

On October 31, 1993, Mrs. Lisi's mother shot Kenneth to death. A judgment of dissolution had not been entered. Thereafter, on March 29, 1994, Ms. Vogel sought an order fixing the amount of her fees and apportioning the obligation between the community or the parties. Mrs. Lisi opposed the motion, contending that Mr. Lisi's death abated the action and deprived the court of jurisdiction to make the requested order. She also contested reasonableness of the fees requested. On July 22, 1994, the court awarded attorney fees in the amount of $27,205 to Ms. Vogel and $3,500 to Ms. Amado. The order required the fees to be equally shared by Mrs. Lisi and the estate of Kenneth Lisi.[1] Mrs. Lisi appeals the order, stating in her opening brief that the appeal presents a single issue: "Did the court in the dissolution action err in exercising jurisdiction to award fees subsequent to the death of Mr. Lisi?" The estate of Kenneth Lisi has not appealed.

In Re Marriage of Lisi

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ARMSTRONG, J.

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