Stop filings

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Latest post 03-05-2010 7:09 PM by InPropriaPersona. 6 replies.
  • 03-05-2010 10:40 AM

    Stop filings

    Ca- Is there anyway at all to stop my ex  from continuously filing things against me? This goes on and on and has gone on and on since the divorce was final 3 years ago. This costs me a lot of time off of work and completely disrupts my life, not to mention it's a financial burden.

  • 03-05-2010 11:03 AM In reply to

    Re: Stop filings

    The first thing was an increase in his spousal support, but along the way I was constantly being served papers for all kinds of different things. Pretty much anything he could get away with. I got served 2 days before the trial with a paper telling me to bring in some sort of proof that had nothing to do with anything. I didnt bring it but it didnt matter, he didnt show up. This is constant.

  • 03-05-2010 12:04 PM In reply to

    Re: Stop filings

    You may, whenever you file your responses to such pleadings, request sanctions under the below 
    section of California Code of Civil Procedure:


    128.6. (a) Every trial court may order a party, the party's
    attorney, or both to pay any reasonable expenses, including attorney'
    s fees, incurred by another party as a result of bad-faith actions or
    tactics that are frivolous or solely intended to cause unnecessary
    delay. This section also applies to judicial arbitration proceedings
    under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
    Part 3.
    (b) For purposes of this section:
    (1) "Actions or tactics" include, but are not limited to, the
    making or opposing of motions or the filing and service of a
    complaint or cross-complaint. The mere filing of a complaint without
    service thereof on an opposing party does not constitute "actions or
    tactics" for purposes of this section.
    (2) "Frivolous" means (A) totally and completely without merit or
    (B) for the sole purpose of harassing an opposing party.
    (c) Expenses pursuant to this section shall not be imposed except
    on notice contained in a party's moving or responding papers; or the
    court's own motion, after notice and opportunity to be heard. An
    order imposing expenses shall be in writing and shall recite in
    detail the conduct or circumstances justifying the order.
    (d) In addition to any award pursuant to this section for conduct
    described in subdivision (a), the court may assess punitive damages
    against the plaintiff upon a determination by the court that the
    plaintiff's action was an action maintained by a person convicted of
    a felony against the person's victim, or the victim's heirs,
    relatives, estate, or personal representative, for injuries arising
    from the acts for which the person was convicted of a felony, and
    that the plaintiff is guilty of fraud, oppression, or malice in
    maintaining the action.
    (e) The liability imposed by this section is in addition to any
    other liability imposed by law for acts or omissions within the
    purview of this section.
    (f) This section shall become operative on January 1, 2003, unless
    a statute that becomes effective on or before this date extends or
    deletes the repeal date of Section 128.7.

  • 03-05-2010 12:12 PM In reply to

    Re: Stop filings

    See also California Family Code section:

     

    271.  (a) Notwithstanding any other provision of this code, the
    court may base an award of attorney's fees and costs on the extent to
    which the conduct of each party or attorney furthers or frustrates
    the policy of the law to promote settlement of litigation and, where
    possible, to reduce the cost of litigation by encouraging cooperation
    between the parties and attorneys. An award of attorney's fees and
    costs pursuant to this section is in the nature of a sanction. In
    making an award pursuant to this section, the court shall take into
    consideration all evidence concerning the parties' incomes, assets,
    and liabilities. The court shall not impose a sanction pursuant to
    this section that imposes an unreasonable financial burden on the
    party against whom the sanction is imposed. In order to obtain an
    award under this section, the party requesting an award of attorney's
    fees and costs is not required to demonstrate any financial need for
    the award.
    (b) An award of attorney's fees and costs as a sanction pursuant
    to this section shall be imposed only after notice to the party
    against whom the sanction is proposed to be imposed and opportunity
    for that party to be heard.
    (c) An award of attorney's fees and costs as a sanction pursuant
    to this section is payable only from the property or income of the
    party against whom the sanction is imposed, except that the award may
    be against the sanctioned party's share of the community property.

  • 03-05-2010 1:23 PM In reply to

    Re: Stop filings

    You keep speaking about fees. He already owes me and I will never collect...period! he is and has nothing and never will. I dont want to chase bad money with good, I just want to keep him from filing things against me anymore. he is abusing me and the court system with all of this. I dont care about the money anymore, I just want to get on with my life.

  • 03-05-2010 7:09 PM In reply to

    Re: Stop filings

    It is pretty hard (in my experience) to get someone to do something that they don't want to do or vise versa. If you are paying support it is not inconceivable that it could be ordered reduced to pay judgments against your ex.

    Remedies in the law are focused on fees and costs and many if not most people do not like to have to pay them. Once in a while you run into the sort that just doesn't care.

    Perhaps you could convince the court to rescind his fee waiver.

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