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Recent Posts in Sanctions 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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Appealing California Family Court Decisions | What Are Family Law Writs | Can I Appeal My Divorce Orders? - Part 2

Part II of the Divorce' Appeals Mini-Series! Which Orders and Judgments Are Directly Appealable? Prologue So your family court judge screwed up and got it wrong, eh? This is a not uncommon ...
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Tips for Winning Sanctions' Requests in Divorce and Family Law Cases!

TIPS FOR WINNING OR DEFENDING AGAINST SANCTIONS REQUESTS IN DIVORCE AND FAMILY LAW CASES Let's realistically discuss sanctions requests, as they may apply in whatever State you reside in although ...
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Do I Need to Disclose My Bonus to My Wife if a Divorce Is Pending?

Is There An Obligation to Tell My Husband About the Year-End Bonus I Am About to Receive? This is a tough topic, because if you've found yourself here it is because you are struggling with your ...
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I Owe My Attorney $100,000 and She Is Reluctant to File a Breach of Fiduciary Duty Motion for Me - Should I Go It Alone?

Hi Mr. Arnold, I am in a very contentious divorce. Long story short: had a 7 day bifurcated trial on date of separation while judge refused to schedule a hearing for attorney fees before and during ...
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SANCTIONS for Failure to Disclose SEPARATE PROPERTY As Breach of Fiduciary Duty - Marriage of Simmons

Marriage of Simmons (April 18, 2013) 215 Cal.App.4th 584 Q. Does a spouse have the obligation to disclose separate property assets in the course of a dissolution proceeding and, if so, what are the ...
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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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Marriage of MARGULIS - Fiduciary Duties of MANAGING SPOUSES

Marriage of Margulis, Part 2 - Duties of Managing Spouses Please see Part I of my evaluation of IRMO Margulis as the launching point for understanding the appellate court's outline of interspousal ...
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IRMO MARGULIS - Managing Spouse Has BURDEN OF PROOF To Explain MISSING ASSETS

An Explanation of CA Fiduciary Duties! Marriage of Margulis ( 8/11/2011) 198 Cal.App.4th 277 Part One I am always pleased to report cutting edge rulings by our appellate courts, and this is one of the ...
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RECURRING GIFTS From Parents May Be "INCOME" For Purposes of Determining Need for ATTORNEY FEES!

Family Gifts to the Other Party Can Be a Source for Your Own Attorney Fees As I have been trumpeting now for months, the appellate courts are actively attempting to control and limit family law ...
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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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271 SANCTIONS Ordered Against PRO PER ATTORNEY - Lawyers Are Some of the Most Conflicted Parties to Matrimonial Litigation

Do You Really Want the Most Aggressive Attorney for Your Divorce? I have recently been reflecting on the fact that in my experience, lawyers who are parties to family law litigation behave far worse ...
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Marriage of Fong | 271 SANCTIONS | Burden to Prove Ability to Pay

I've recently blogged the 2nd Appellate District's March 3, 2011 decision in Marriage of Fong (2011) 193 Cal.App.4th 278 as it pertains to each party's obligation to comply with Family ...
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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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Making Attorneys Accessible to Family Law Litigants: 2011 ATTORNEY FEE REVISIONS TO THE FAMILY CODE

December is new legislation month at the Enlightened Divorce Blog™ presented by southern California Family Law Attorney Thurman W. Arnold. My goal is to inform you well, and early on, on any ...
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