During a family law case in California the opposing party misrepresented/hide their income.
This has only recently been discovered and a motion for fraud will be brought.
Concerning punitive damages would that be included in the fraud motion or would a separate lawsuit have to be brought in civil court requesting it?
You pleading must be amended in the same law suit and before the same judge where the case is pending. However it appears not to be a separate claim at all. Rather it is some abuse of the rules that might be sanctionable.
I agree, your pleading would have to be amended rather than filing a separate lawsuit.
This answer is not intended nor shall it be deemed to be the rendering of legal advice. This answer does not create an attorney-client relationship. The answer is given based on the information provided which is insufficient to give meaningful advice. You should seek legal counsel and discuss all the facts specific to your situation. Please be mindful the law changes over time. Be aware, statutes of limitations / repose may be running and you should timely protect your legal rights by consulting an attorney.
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