Hunter v. Hunter

In Hunter v. Hunter (1962) 202 Cal.App.2d 84, the court explained: "The law's purpose in allowing attorney's fees and costs to a wife who has not sufficient monies to meet such expenses is to assure to women with domestic difficulties that they will have their day in court, on appeal as well as at the trial." (Hunter, supra, 202 Cal.App.2d at p. 92.) After reciting the four conditions warranting an award of attorney fees, the court reasoned there was no dispute wife had "no funds whatsoever" to prosecute the appeal, the husband had the ability to pay reasonable attorney fees, and the appeal was being pursued in good faith and on reasonable grounds. (Id. at p. 93.) It concluded the trial court abused its discretion in denying wife's application for reasonable costs and counsel fees on appeal: "To tell a woman who wishes in good faith to appeal a judgment in a divorce action and who is without funds to pay necessary counsel fees that no such fees will be allowed except possibly on an application for a final decree is practically equivalent to denying her the right to appeal unless her attorney is willing to act without compensation or for the mere possibility that some attorney's fee may be awarded later." (Ibid.)