Reyes v. Reyes

Opinion

BROWN (G. A.), P. J. Toni Reyes, the wife, in a marital dissolution proceeding joined Carpenters Pension Trust Fund for Northern California (the Fund) to which her husband, Ralph Reyes, was a contributor. In the decree of dissolution the trial court ordered the Fund to pay directly to the wife her community property share of the payments to the husband as they will fall due when the husband retires and commences receiving payments. The Fund appealed. In 5 Civil 3575 (nonpublished), filed this date, we affirmed the order of the superior court pursuant to the authority of In re Marriage of Campa (1979) 89 Cal.App.3d 113 [152 Cal.Rptr. 362].

Subsequent to the trial court’s judgment in 5 Civil 3575 the wife moved the superior court to assess attorney’s fees against the Fund on the Fund’s appeal from the judgment. The court denied the motion, and the wife has appealed. We affirm.

Appellant’s primary contention on appeal is that Civil Code section 4370 should be construed to authorize a trial court to order any party in a dissolution action to pay attorney’s fees. That section provides in pertinent part: “(a) During the pendency of any proceeding under this part, the court may order the husband or wife, or father or mother, as the case may be, to pay such amount as may be reasonably necessary for the cost of maintaining or defending the proceeding and for attorneys’ fees; and from time to time and before entry of judgment, the court may augment or modify the original award for costs and attorneys’ fees as may be reasonably necessary for the prosecution or defense of the proceeding or any proceeding relating thereto. In respect to services rendered or costs incurred after the entiy of judgment, the court may award such costs and attorney’s fees as may be reasonably necessary to maintain or defend any subsequent proceeding therein, and may thereafter augment or modify any award so made. Attorneys’ fees and costs within the provisions of this subdivision may be awarded for legal services rendered or costs incurred prior, as well as subsequent, to the commencement of the proceeding.” [879]The language of section 4370 explicitly restricts the court’s authority to order the payment of attorneys’ fees to “the husband or wife or father or mother, as the case may be.”

The legislative history of section 4370, which was added to the statute in 1970, shows that the former versions always have been similarly restricted. Moreover, there is no case authority in California supporting appellant’s interpretation of that section.1