In re Marriage of Kelso

In In re Marriage of Kelso (1998) 67 Cal. App. 4th 374, the issue was the effect of findings by a commissioner on the Borson motion despite the fact that the commissioner had disqualified himself from the fee issue. The Court reversed the trial court's denial of a motion for a new hearing on fees, holding that the trial court should not have relied on the commissioner's findings. We remanded for a new hearing before a new judge for a de novo determination of the issue of fees. ( Id. at p. 377.) In a footnote, we observed: "Appellant's the former attorney for wife 'standing' to pursue this appeal may be upheld by adhering to the theory of Borson itself, that appellant is acting 'on behalf' of Wife. (Compare Borson, supra, 37 Cal. App. 3d at pp. 636, 638, and Schwartz v. Schwartz (1959) 173 Cal. App. 2d 455, 458 343 P.2d 299, with In re Marriage of Tushinsky (1988) 203 Cal. App. 3d 136 249 Cal. Rptr. 611.)" ( Kelso, supra, 67 Cal. App. 4th at p. 383.)