Is a family court's failure to determine whether appellant is entitled to fees and costs under section 2030 an abuse of discretion?

California, United States of America

The following excerpt is from Wendt v. Pullen (In re Wendt), 278 Cal.Rptr.3d 174, 63 Cal.App.5th 647 (Cal. App. 2021):

The family court's erroneous failure to determine whether appellant is entitled to relief under section 2030 is an abuse of discretion. ( David v. Hernandez (2014) 226 Cal.App.4th 578, 592, 172 Cal.Rptr.3d 204 [legal error is abuse of discretion].) Since an award of fees and costs under section 2030 involves factual issues not yet addressed, we shall reverse the family court's order and remand for additional proceedings.

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