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In marital dissolution cases, aren't California courts mandated to provide timely equitable distribution of community property?

Sanger, CA |

Filed for divorce and equitable distribution of community property in 2008. Instead, based on unproven claims of domestic violence, the court fraudulently conveyed all property to one party and then refused to set further hearing on the issue and further vex lit'd me from filing anything further. I still own the property but have no right to go near it. It is being rented out and I have no say in it.

Attorney Answers 2

Posted

1. If you're still an "owner", then the court didn't "convey" it to your ex, they gave her exclusive use pending trial. If the court made that order, the court must have determined that there was "proof" of the claims of DV.

2. If the court determined you to be a vexatious litigant, you must have repeatedly filed frivolous stuff, to the point where the court took this fairly unusual step. You can still proceed, but you have to get pre-filing approval for your filings, or you have to hire a lawyer. Get the divorce set for trial.

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3 comments

Asker

Posted

Incorrect. And please do not respond to any further of my questions. You are institutionalized and prejudiced.

Richard Forrest Gould-Saltman

Richard Forrest Gould-Saltman

Posted

CCP 391: As used in this title, the following terms have the following meanings: (a)"Litigation" means any civil action or proceeding, commenced, maintained or pending in any state or federal court. (b)"Vexatious litigant" means a person who does any of the following: (1)In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. (2)After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined. (3)In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay. (4)Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.

Asker

Posted

I probably know vexatious litigant law better than you. Like I said, please don't respond to my question any further. You have no idea what you are talking about. My question was about property and distribution but in your prejudice and institutionalization you focused on the only aspect of the information that you were programmed to.

Posted

I agree with the above attorney's advice

the information provided above is for information purposes only and you should consult an attorney for specific answers to your case

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1 comment

Asker

Posted

How when you didn't even understand the question?

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