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Recent Posts in Discovery Sanctions and Motions Category

Marriage of Sagonowsky | Family Code 271 Sanctions Limited to Awards For Attorney Fees and Costs | Try CCP Section 128.5!

Family Code Section 271 Only Authorizes Trial Courts to Issue Sanctions' Awards in the Form of Attorney Fees and Costs, and Not General Damages for the Consequences of Alleged Misconduct We've ...
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Self-Represented Party Needs TIPS On How to Take DIVORCE DEPOSITION With Production Request and How to Deal With Objections From Spouse's Attorney

Tips On Using Notices of Deposition Together With A Demand for Production in Divorce and Family Law Proceedings I was recently asked by a reader of our Enlightened Divorce Blog™ about how to ...
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A REVIEW of the Top California Marriage Based FIDUCIARY DUTY STATUTES

What Are the Key California Fiduciary Duty Statutes, and How Are They Applied ? Part I - Introduction to Fiduciary Duties Given the large number of reversals of fiduciary duty claims at the trial ...
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Marriage of Kahn - Self-Represented Parties, Discovery Sanctions and Indio Divorce Attorneys

Marriage of Kahn (2013) 215 Cal.App.4th 1113 - Don't Think You Can Get Away With Discovery Game Playing By Becoming Self-Represented! Or "How to Avoid Divorce Trance for Lawyers Who Represent ...
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New Requirement for MEET AND CONFER Before RFO Hearings!

Parties to Family Law and Divorce Litigation Are Now Required to "Meet and Confer" Before Hearings In the never ending struggle to force family law litigants to stop the bickering and ...
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What Should a PRODUCTION DEMAND Request for SUPPORT Purposes? (Part 1)

Q. I am representing myself in my divorce. My husband is self-employed. I know he earns more than he claims. We have two children, and I haven't worked in seven years. I feel so stupid now, but I ...
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Marriage of Davenport: Trial Court SANCTIONS Wife Under FC Section 271 for Her ATTORNEYS' "UNBRIDLED AGGRESSION" In Family Court Proceedings!

A Shifting Judicial Response to Overzealous Advocacy: Excessively Exuberant and Inflammatory Litigation Tactics Will Not Be Tolerated in California Marriage of Davenport (2011) 194 Cal.App.4th 1507 In ...
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FAMILY LAW SANCTIONS and DUE PROCESS: Santa Barbara Trial Court Reversed in IRMO DURIS

Visitors to my websites know that I am biased in favor of mediation, believing that parties to litigation involving their family should opt to resolve their disputes themselves rather than undertake ...
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SANCTIONS For Failure to Complete the FINAL DECLARATION OF DISCLOSURE

The Preliminary Declaration of Disclosure I've recently blogged the importance of complying with Family Code section 2103 and section 2104, which obligate both parties to a pending dissolution, ...
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Is It Possible to Get My Ex's TAX RETURNS Without Any MOTION to MODIFY Pending Between Us?

Q. We were divorced three years ago and I haven't taken my ex-husband back to Court. I think he is earning a lot more now. Is there anything I can do to find out what his situation is short of ...
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DISCOVERY in California Marital Proceedings - What Are Requests for Admission?

Q. How do I use Requests for Admission in my dissolution proceeding? What Are Requests for Admission? Requests for Admission ("RFA's") can be a useful discovery tool in family law ...
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