Hagen v. Karcz
Filed 7/12/06 Hagen v. Karcz CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| ANDREW WARREN HAGEN, Plaintiff and Respondent, v. HAMADA KARCZ, Defendant and Appellant. |
A111041
(Contra Costa County Super. Ct. No. D03-02591) |
Defendant and appellant Hamada Karcz (mother) appeals an order denying her motion for reconsideration of a family court order regarding child support and attorney fees. Plaintiff and respondent Andrew Warren Hagen (father) seeks the imposition of sanctions on appeal. (Fam. Code, § 2030; Cal. Rules of Court, rule 27(e).) We reverse, in part, the order denying reconsideration. The request for sanctions is denied.
Background
The parties were divorced in March 1999, at which time a custody order issued in Kings County Superior Court regarding the parties' minor child.[1] In November 2002, father sought modification of the custody order and visitation schedule, including relocation and sole physical custody of the minor. Father did not seek attorney fees. In December 2002, mother filed a responsive declaration stating she did not consent to father's request for modification of custody and visitation, and requested that father pay her attorney fees and costs. In February 2003, the matter was transferred to the Contra Costa Superior Court pursuant to the parties' stipulation.
Trial was held on father's motion on May 13, 2004. At the conclusion of the trial, mother orally requested attorney fees. The court stated that it would check the pleadings to determine whether the original motion had requested attorney fees. In August 2004, the court issued its â€
