November 21, 2012
The Supreme Court yesterday held its only non-Wednesday conference of the year.
The following is our summary of the court’s actions on petitions for review in civil cases from that conference. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the court has ordered depublished an opinion of the Court of Appeal.
Review Denied (with dissenting justices)
In re Marriage of Hofer, S205582—Review Denied [Kennard, J., voting for review]—November 20, 2012.
The Court of Appeal, Second District, Division Six, in a published opinion, In re Marriage of Hofer (2012) 208 Cal.App.4th 454, dismissed an appeal under the “disentitlement doctrine,” which, according to the opinion, “enables an appellate court to stay or to dismiss the appeal of a party who has refused to obey the superior court’s legal orders.” In the case before the court, the husband in a marital dissolution action appealed from an order requiring him to pay his wife’s attorney fees and costs. He claimed the evidence of his financial circumstances was insufficient. However, he disobeyed three discovery orders that had required disclosure of evidence of his financial circumstances. The Court of Appeal held that the husband’s decision to not comply with the orders ” ‘disentitles’ husband to a choice accorded most litigants, the choice to appeal.”
[Special Note: Happy Thanksgiving to all our readers!]