The Court will resolve the split among the Courts of Appeal on whether and when attorney-spouses may recover prevailing party fees for work performed on behalf of a spouse, and whether fee recovery may otherwise be available in the circumstances of the case.
“This case is about access to justice,” said partner Josephine K. Petrick. “Our clients prevailed on their claim that a hard money lender imposed unlawful default interest rates, yet were denied any fee recovery. The decision below effectively penalizes families who turn to a spouse’s legal expertise to vindicate their rights, while leaving the same remedies fully available to institutional opponents. The Supreme Court’s review is a meaningful step toward resolving that inequity.”
The case is Honchariw v. PMF CA REIT, LLC (No. S295127). The co-authors of the briefs include Josephine Petrick, Emily Kirk, and Saja Spearman-Weaver, with support from paralegal Diana Abad. Oral argument will be scheduled. The Petition is at this link.