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Under What Family Codes and/or Codes of Civil Procedure Can I Best Ask For Monetary Sanctions Against Opposing Counsel?? . . .

Thousand Oaks, CA |

I am now Pro Per due to finances. I wasn't always unrepresented--having spent OVER $300k on my different attorneys in a 4-year dissolution.

My e-strange-d wife has had three different attorneys--her attorney #2 was the worst of the worst -- imagine every dirty trick in the book and that is him and his firm: Egregious behavior, delay and harassment tactics, witness tampering, perjury, nonsequitur arguments, inflaming the proceedings, continuing the proceedings after learning evidence was false/non-existent, acting/communicating unprofessionally with my attorney, and stymieing discovery.

My costs of defending against this a-hole were over $200k.

What is the widest net I can cast for sanctions to recover my attorney fees?? 128.7, 217, 2107, 3027.1, 3667, 4911, 20021, 180, 20032, 4963??

If I could, I'd be filing a lawsuit against opposing counsel #2 in this case for Malicious Prosecution as the facts and evidence would support it. However, as I understand it, Bidna v. Rosen (1993) draws a "bright line" against using the Malicious Prosecution statute for actions in any Family Law proceeding. Instead, Bidna states that recourse for parties in Family Law cases are sanctions, either based on Family Code statutes or CCP 128.5. I've read that CCP 128.5 is no longer in effect and that CCP 128.7 should be used in its place but that CCP 128.7 is a much weaker statute in all regards. The bottom line is that what happened to me on opposing counsel #2's watch and supported by his direction and actual actions cannot stand. He needs to be held accountable and I need to be made whole financially. Otherwise, my view is that real justice in the Justice System is only a suggestion, not a fundamental and attainable goal . . .

Attorney Answers 2


No there is no justice in family Court! My advice-- get away from court as fast as you can and leave this mess behind. You will NOT be "made whole."

I have NO financial relationship to Mark Baer--link below--but he tells is like it is about this mess.

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Hi Edna, I just listened to the link you posted -- good stuff!! Thank you very much. And I have made much progress in cleaning up the "mess" made of the family and of my daughters by the divorce and the related n-holds-barred proceedings. In fact, I negotiated the settlement myself, AFTER I became Pro Per, with opposing counsel #3, that which I am reasonably happy, or more. This, after 3 1/2 years of pretty much constant litigation between the parties. However, the settlement agreement cannot be turned into a final judgement until a nasty little issue called the "Borson Motion" is resolved that opposing counsel #2 filed against me after he left/was removed from the case. The question becomes one of principle and duty to society: Just how exactly, with good conscience, can one let opposing counsel #2 get away with figurative murder, with no negative consequences or ramifications?? To my way of thinking, opposing counsel #2 is a family law terrorist -- I'm certain my family is not the first one he's had the pleasure of terrorizing. He needs to be punched in the nose by the courts and the law so next time he'll think twice about crossing the line between zealous and appropriate advocacy to overzealous and unethical destruction of a family. . .


Family Code section 271. Family law fees are difficult to get, or they can be, as the court has wide discretion in awarding them and generally the Court's rulings do not get appealed given the lack of funds to do so by the parties.

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