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Darren Lawson
156 2nd ST
San Francisco, CA 94105
415.969.7800
Pro Se Litigant

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF CONTRA COSTA

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In re:
Petitioner: JONEL YDSE
and
Respondent: DARREN LAWSON

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Case No.
MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT OF REQUEST FOR ATTORNEY
FEES UNDER FAMILY CODE 2031

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MEMORANDUM OF POINTS AND AUTHORITIES

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I.
STATEMENT OF FACTS
Petitioner and respondent were married on NAME OF PETITIONER, and separated on
DATE OF SEPARATION. Respondent is currently represented by an attorney. The current gross
monthly income of respondent is $LIST AMOUNT. Petitioner is currently representing themselves
and has a current gross monthly income of $LIST AMOUNT.
There is a hearing/trial currently scheduled for DATE OF UPCOMING HEARING OR

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TRIAL. NAME OF MOVING PARTY desires to retain an attorney to represent them before

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proceeding with this case. However they lack the funds to do so. NAME OF MOVING PARTY has

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spoken with NAME OF ATTORNEY, who informed them that they would require a minimum

retainer of $LIST AMOUNT in order to represent them and prepare for the hearing or trial.

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You need to state the facts that pertain to your particular situation
such as the other party earns substantially more than you do, and you
presently do not have the funds to retain an attorney. Also state that
you have talked to at least one attorney, or several attorneys and they

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have informed you that they require a minimum retainer of $________

in order to represent you and would require a minimum of ______ in
order to prepare for the trial or hearing in your case.

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II.

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LEGAL ARGUMENT

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A.

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A REASONABLE AMOUNT TO PETITIONER SO THAT THEY MAY RETAIN AN

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ATTORNEY BEFORE THE PROCEEDINGS IN THIS CASE GO FORWARD

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THE COURT HAS THE POWER TO ORDER THAT THE RESPONDENT PAY

California Family Code 2030 states in pertinent part that, (a) (1) In a proceeding for

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dissolution of marriage, nullity of marriage, or legal separation of the parties, and in any proceeding

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subsequent to entry of a related judgment, the court shall ensure that each party has access to legal

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representation, including access early in the proceedings, to preserve each party's rights by ordering,

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if necessary based on the income and needs assessments, one party, except a governmental entity, to

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pay to the other party, or to the other party's attorney, whatever amount is reasonably necessary for

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attorney's fees and for the cost of maintaining or defending the proceeding during the pendency of the

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proceeding. (2) When a request for attorney's fees and costs is made, the court shall make findings on

whether an award of attorney's fees and costs under this section is appropriate, whether there is a

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disparity in access to funds to retain counsel, and whether one party is able to pay for legal
representation of both parties. If the findings demonstrate disparity in access and ability to pay, the
court shall make an order awarding attorney's fees and costs. A party who lacks the financial ability to

hire an attorney may request, as an in pro per litigant, that the court order the other party, if that other

party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain

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an attorney in a timely manner before proceedings in the matter go forward.

As shown by the declaration of petitioner, there is a great disparity in the current gross
monthly incomes of the parties. Petitioner does not currently have the funds to retain an attorney.
And the court has the authority to make an attorney fees award without notice by an oral

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motion at the time of a hearing on the cause of the merits. See California Family Code 2031(b)(1),

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and at any time before entry of judgment against a party whose default has been entered pursuant to

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Section 585 or 586 of the Code of Civil Procedure.

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The court shall rule on any motion made pursuant to this subdivision within 15 days and prior
to the entry of any judgment. See California Family Code 2031(b)(2).
The court should order that respondent pay the sum of $LIST AMOUNT to Moving Party so
that they may retain an attorney to represent them before the proceedings in this case go forward.
B.

IT IS THE PUBLIC POLICY IN CALIFORNIA THAT BOTH SPOUSES HAVE

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THE ABILITY TO OBTAIN EFFECTIVE LEGAL REPRESENTATION

The California Supreme Court has stated that it is the public policy in California that both
spouses have the ability to obtain effective legal representation.

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California's public policy in favor of expeditious and final resolution of marital dissolution

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actions is best accomplished by providing at the outset of litigation, consistent with the financial
circumstances of the parties, a parity between spouses in their ability to obtain effective legal
representation. See Alan S. v. Superior Court of Orange County (2009 172 Cal. App. 4th 238, 251252 (quoting Droeger v. Friedman, Sloan & Ross (1991) 54 Cal.3d 26, 41, fn. 12
In circumstances demonstrating a disparity in the parties access to and ability to pay for

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legal representation, a need-based fees and costs award to level the playing field early in the
proceedings is virtually mandatory. Marriage of Tharp (2010) 188 Cal App. 4th 1295, 1315-1316
given disparity in parties ability to pay for legal representation, error to deny W requested attorney
fees award until conclusion of case.
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II.

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CONCLUSION
Based on the above, DARREN LAWSON requests that the court order JONEL YDSE pay

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them the sum of $LIST AMOUNT so that they may retain an attorney before the proceedings in this
case go forward.

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Dated________________

_______________________________________________
DARREN LAWSON

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Darren Lawson
156 2nd ST
San Francisco, CA 94105
415.969.7800

Pro Se Litigant

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF CONTRA COSTA

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In re:
Petitioner: JONEL YDSE
and
Respondent: DARREN LAWSON

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Case No.
DECLARATION OF DARREN LAWSON IN
SUPPORT OF MOTION FOR AWARD OF
ATTORNEY FEES AND COSTS

I, DARREN LAWSON, declare as follows.

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I am the RESPONDENT in the above-entitled action. I am over the age of 18 years

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and have personal knowledge of the facts stated in this declaration, and if called as a witness, could

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and would testify competently to the truth of the facts as stated herein.

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2.

I make this declaration in support of my request for an order of the court that

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respondent pay the sum of $LIST AMOUNT to me to allow me to retain an attorney to represent me
before the proceedings in this case go forward.
3.

The current gross monthly income of the PETITIONER is $LIST AMOUNT. My

current gross monthly income is $LIST AMOUNT. Due to my limited income I am not currently
able to retain an attorney.

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4.

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require a minimum retainer of $LIST AMOUNT in order for them to represent me and prepare for
the hearing or trial.

5.

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Due to our lengthy marriage there are complicated issues of community property to be

resolved as well as issues relating to child custody and visitation.

You need to state the facts that pertain to your particular situation

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I have spoken with NAME OF ATTORNEY, who informed me that they would

such as the other party earns substantially more than you do, and you
presently do not have the funds to retain an attorney. Also state that

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you have talked to at least one attorney, or several attorneys and they
have informed you that they require a minimum retainer of $________
in order to represent you and would require a minimum of ______ in
order to prepare for the trial or hearing in your case. Do NOT just the
wording here unless it applies to your situation.

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6.

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I respectfully request that the court order PETITIONER to pay me the sum of $LIST

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AMOUNT to me to allow me to retain an attorney to represent me before the proceedings in this case

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go forward.

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Modify these paragraphs to suit your particular situation. Do

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NOT just use the wording here unless it definitely applies to your
situation.
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I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct and that this Declaration was executed on __________________,at

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______________________________, California. Write in date you signed Declaration and city

where you signed Declaration.
_________________________________________
DARREN LAWSON

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