Marr. of Fossum

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Filed 2/24/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE In re the Marriage of B214824 SANDRA and EDWARD FOSSUM. __________________________________ (Los Angeles County Super. Ct. No. BD382683) SANDRA FOSSUM, Respondent, v. ORDER MODIFYING OPINION (Scott M. Gordon, Judge) [NO CHANGE IN JUDGMENT] EDWARD FOSSUM. Appellant. . 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 2, last sentence of the first paragraph, delete the text and irrespective of need and ability to pay between the words issue and is so that the sentence now reads: A mandatory award of attorney fees, imposed regardless of the value of the asset at issue, is a harsh remedy for a violation that is merely In re Marriage of Fossum B214824 2 technical and wholly innocent, as might often be the case, so it is unlikely the Legislature intended such a result. 2. On page 2, add a footnote 2 at the end of the last sentence of the first paragraph, ending with result and add the following text to the footnote: 2 I note, however, that before imposing a mandatory attorney fees award under subdivision (g) of section 1101, the trial court must determine that the party has or is reasonably likely to have the ability to pay. (§ 270.) This modification does not constitute a change in the judgment. ___________________________________________________________________ ROTHSCHILD, Acting P. J.

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