Wright v. Wright CA2/1

CourtCalifornia Court of Appeal
DecidedMay 23, 2025
DocketB327043
StatusUnpublished

This text of Wright v. Wright CA2/1 (Wright v. Wright CA2/1) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Wright CA2/1, (Cal. Ct. App. 2025).

Opinion

Filed 5/23/25 Wright v. Wright CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

PHILIP SPENCER WRIGHT, B327043

Respondent, (Los Angeles County Super. Ct. No. 19STFL03890) v.

IULIIA PLATOKHINA WRIGHT,

Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Wendy L. Wilcox, Judge. Reversed. Oleg Volkov for Appellant. Larson, Stephen G. Larson, Andrew J. Bedigian and Kimberly E. Wilkinson for Respondent.

____________________________ Iuliia Platokhina Wright appeals from an order imposing sanctions against her and her counsel, Oleg Volkov, in a dissolution action between Iuliia and Philip Wright.1 The family law court sanctioned Iuliia and Volkov for moving to set aside an order granting Philip attorney fees while that same fees order was pending on appeal. We conclude Philip’s sanctions motion, strictly construed, did not provide adequate notice of the grounds on which the family law court imposed sanctions. Iuliia’s set-aside motion asserted three bases for relief, only one of which the sanctions motion unambiguously targeted as violating the stay imposed by the pending appeal. Accordingly, we reverse.

BACKGROUND Our discussion of the proceedings below is necessarily detailed because of the procedural challenges the parties asserted below. Philip and Iuliia married in February 2019 and separated 18 days later. During the subsequent dissolution proceeding, Iuliia requested a domestic violence restraining order against Philip. The family law court denied the request. Philip moved for prevailing party fees and costs under Family Code section 6344. On March 3, 2022, the court granted Philip’s motion,

1 Because the parties share a last name, we refer to them by their first names. No disrespect is intended. This is the second appeal we have considered in this matter. In the first, we reversed another sanctions order as well as an order disqualifying Volkov as Iuliia’s counsel. (Wright v. Wright (Aug. 23, 2024, B330901) [nonpub. opn.].)

2 awarding him $101,855.65. We will refer to that order as the fees order. Iuliia filed a notice of appeal from the fees order on April 18, 2022.

1. Iuliia’s motion to set aside the fees order On August 29, 2022, while the appeal from the fees order was pending, Iuliia filed in the family law court a notice of intention to move for an order under Code of Civil Procedure2 section 663 setting aside the fees order. On August 31, 2022, Iuliia filed the motion itself, now stating the basis for relief was section 473, and alternatively section 663 “or upon informal suggestion to reconsider the order under Le Francois v. Goel [(2005)] 35 Cal.4th 1094, 1008 . . . .” (Italics added.) The memorandum of points and authorities in support of the motion similarly invoked and discussed sections 473, subdivision (d)3 and 663, as well as the theory of an “informal suggestion” under Le Francois. Iuliia’s motion began with 10 numbered paragraphs identifying purported errors justifying setting aside the fees order: 1) Philip failed to file his fees request electronically and the court failed to continue the hearing; 2) the fees request was

2Unspecified statutory citations are to the Code of Civil Procedure. 3 The title of Iuliia’s motion as well as the notice of motion referred to subdivision (c) of section 473, rather than subdivision (d). We presume this was error—Iuliia’s memorandum of points and authorities cited subdivision (d), and both the notice of motion and the memorandum argued the fees order should be set aside as void, a ground for relief found under subdivision (d), not (c).

3 untimely; 3) the family law court wrongly found Iuliia’s ability to pay was not relevant to the fees request; 4) Philip was not the prevailing party; 5) the court erred in awarding fees arising from Philip’s counsel’s acts in bad faith; 6) the court erred in awarding fees arising from Philip’s own “frivolous competing [restraining order] petition; 7) the court erred in awarding costs for certain transcripts; 8) the court wrongly found Philip’s counsel’s hourly rate reasonable; 9) the court relied on mutually inconsistent declarations filed by Philip and his counsel; and 10) Philip’s fees request misrepresented the facts and law. (Boldface omitted.) Iuliia’s motion was calendared for hearing on December 21, 2022.

2. Philip’s service of an unfiled sanctions motion According to a proof of service, Philip served an unfiled sanctions motion under section 128.7 on Iuliia on September 29, 2022. The motion was unfiled because of statutory safe harbor requirements. In the motion, Philip sought to strike Iuliia’s motion to set aside the fees order, and impose monetary sanctions on Volkov of $72,259.50, or $55,969.50 if the court struck Iuliia’s motion. In the “Introduction” of the supporting memorandum of points and authorities, Philip contended, “Due to his filing of the appeal [of the fees order], the Court is without jurisdiction to vacate or set- aside the [fees order], and therefore Iuliia’s [motion to set aside] is frivolous as a matter of law.” (Boldface, underscoring, & some capitalization omitted.) In the “Argument” section of the sanctions motion, Philip argued the family law court had no jurisdiction to grant relief under section 663 while the appeal was pending. (Boldface, underscoring, & some capitalization omitted.) Assuming the

4 court had jurisdiction, Philip argued section 663 only authorizes reexamination of issues of law, but Iuliia’s motion improperly sought reexamination of factual findings as well. Philip further argued Iuliia’s motion was untimely under the express terms of section 663, which requires filing of the motion within 15 days of notice of entry of the order sought to be set aside, and resolution of the motion within 75 days. As to Iuliia’s challenge under section 473, subdivision (d), Philip argued the family law court had subject matter jurisdiction over the fees order and therefore it was impossible for the fees order to be void. Philip contended Iuliia’s motion was in fact a “veiled motion for reconsideration under [section] 1008. Such a characterization is supported by the fact that Mr. Volkov, as discussed above, improperly seeks reconsideration of factual findings under [section] 663, and plies the Court with [the] ‘informal suggestion’ to reconsider the Fee Order (of course, formally presented by filing and serving Iuliia’s [set-aside motion]).” Philip argued Iuliia’s motion did not comply with section 1008 because it was filed past the 10-day deadline and did not include the required affidavit indicating the new or different facts, circumstances or law on which the motion was based. Philip thus contended the improper motion was independently sanctionable under section 1008, subdivision (d). In the “Conclusion” of the sanctions motion, Philip characterized Iuliia’s set-aside motion as “frivolous, harassing, filing abuse. For the reasons discussed above, it is objectively devoid of legal and factual merit, and is submitted for the improper purpose of harassing Philip and his counsel. The court is without jurisdiction to vacate or set-aside [sic] the fee order, as

5 Mr. Volkov requests, because he has already appealed same.” (Boldface, underscoring, & some capitalization omitted.)

3. Iuliia’s request to withdraw set-aside motion On October 19, 2022, Iuliia filed a request to “withdraw[ ] her motion” to set aside the fees order under sections 473 and 663.

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Bluebook (online)
Wright v. Wright CA2/1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-wright-ca21-calctapp-2025.