In re Marriage of Shaban (2001)

Fourth Dist., Div. Three.

May 9, 2001.]

In re Marriage of AHMAD and SHERIFA SHABAN.

AHMAD SHABAN, Appellant, v. SHERIFA SHABAN, Respondent.

[Modification fn. * of Opinion ( 88 Cal. App. 4th 398; 105 Cal.Rptr.2d 863) on denial of petition for rehearing.]

SILLS, P. J.-

The petition for rehearing is denied.

The opinion is modified as follows. On page 14 of the slip opinion, insert this new paragraph after the paragraph that ends with footnote 8 [88 Cal. App. 4th 410, advance report, foll. 2d full par.]:

"Ahmad further claims that $22,000 of the $55,000 award represents what were, in effect, sanctions given without proper notice under Family Code section 271. He bases this contention on the trial judge's having stated on the record that $22,000 of the fee award was for 'extraordinary' work prompted by 'the issue of the marital contract and the nullity.' (The reference to 'nullity' was to Ahmad's having initially taken the position that the marriage should be annulled.) By no stretch of the imagination, however, can the figure be construed in the context of this case as a 'sanction' under section 271. As this opinion has, we hoped, demonstrated, the 'marital contract' issue was indeed an 'extraordinary' one, justifying additional work by Sherifa's counsel. And while we have not had to deal with the merits of the 'nullity' issue in this appeal, suffice to say that it was not ipso facto so fatuous that we are compelled to ascribe any extra fees that it might have caused Sherifa to incur to the category of 'sanctions' either.

On page 14 of the slip opinion, the words "As such" in the third sentence of what will now be the second full paragraph should be deleted [88 Cal. App. 4th 410, advance report, last par., line 4.], and in their place inserted the word, "Again".

These modifications do not effect a change in the judgment.

Rylaarsdam, J., and Moore, J., concurred.

FN *. This modification requires movement of text affecting pages 410-411 of the bound volume report.