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In re Marriage of Fossum

California Court of Appeals, Second District, First Division
Feb 10, 2011
No. B214824 (Cal. Ct. App. Feb. 10, 2011)

Opinion


In re the Marriage of SANDRA and EDWARD FOSSUM SANDRA FOSSUM, Respondent v. EDWARD FOSSUM, Appellant B214824 California Court of Appeal, Second District, First Division February 10, 2011

Los Angeles County Super. Ct. No. BD382683, Scott M. Gordon, Judge.

ORDER MODIFYING OPINION

ROTHSCHILD, Acting P. J.

THE COURT:

IT IS ORDERED that the Concurring and Dissenting opinion by Justice Rothschild, as Acting Presiding Justice, filed on January 28, 2011, be modified in the following particulars:

1. On page 1, second paragraph, insert the following text before the end of the first sentence “(and the majority does not hold that it is self-executing), ” so that the sentence now reads:

Assuming that Family Code section 1101, subdivision (g), does provide for a mandatory award of attorney fees, the statue is not self-executing (and the majority does not hold that it is self-executing).

2. On page 1, before the last sentence of the second paragraph, add a new sentence as follows:

I therefore disagree with the majority’s decision not to treat the issue as forfeited.

3. On page 1, last sentence of the second paragraph, delete “therefore” between the words “should” and “affirm” so the sentence reads:

We should affirm the trial court’s decision not to award attorney fees in connection with Sandra’s breach of fiduciary duty.

This modification does not constitute a change in the judgment.


Summaries of

In re Marriage of Fossum

California Court of Appeals, Second District, First Division
Feb 10, 2011
No. B214824 (Cal. Ct. App. Feb. 10, 2011)
Case details for

In re Marriage of Fossum

Case Details

Full title:In re the Marriage of SANDRA and EDWARD FOSSUM v. EDWARD FOSSUM, Appellant…

Court:California Court of Appeals, Second District, First Division

Date published: Feb 10, 2011

Citations

No. B214824 (Cal. Ct. App. Feb. 10, 2011)