Valencia v. Garibay
May 11, 2023OUTCOME: The court awarded fees and dismissed the case with prejudice
The petitioner brought an action against the respondent in which she sought to have the court terminate a Committed Intimate Relationship commonly referred to as a CIR. The petitioner sought to have h ... alf of all the financial and real property divided equitably. Upon review of the petition, it became that there were issues with the petition. Chief among those issues was that the petitioner filed for the termination of the CIR more than three (3) years after it was alleged to have ended. In any case where a CIR is being asked to be terminated there is a statute of limitations of three years. As such we brought a motion to dismiss the case and award fees for having to defend a petition that had no basis in law or fact. In response the petitioner filed a motion to amend her petition and a hearing was held as to whether they would be allowed to amend or whether it would be dismissed.
