Discovery Based Sanctions in Family Law Cases
Discovery sanctions are outside the Family Code. California Code of Civil Procedure governs how and when a family court should award such sanctions. That is because discovery sanctions are not limited to family law cases but apply to civil cases in general.
We are not going to discuss in great detail the nature and extent of discovery sanctions. Instead, we will discuss generally how a court may award such sanctions in a family law case.
What is discovery?
Discovery is a formal fact-finding process where one party seeks information from the other party and the other party must provide the information under oath. The most common discovery requests are:
- Form interrogatories which are preprinted written questions.
- Special interrogatories which are custom drafted questions.
- Oral depositions which are question and answer sessions that typically take place by one party’s attorney of the other party.
- Request for production of documents which are a party’s request the other party produce certain documents.
- Request for admissions of facts which are a request by one party to the other party to admit certain facts as true.
- Request for admissions of genuineness of documents which are a request by one party to the other party to admit certain documents as being genuine.
- Physical or mental examinations, although these are less common in family law cases.
- Property inspections, although these are also less common in family cases.
The above are not the only types of discovery requests. As one example, subpoenas are a form of discovery but subpoenas generally direct a third person, and not a party to the action, to produce documents. The above are more common types of discovery in family law cases.
What happens when a party refuses to respond to discovery or provides evasive responses?
A lot can happen in such a circumstance. Typically, the party who requested the discovery will send a letter or have a discussion with the other party about these issues. Of course, each party’s lawyers typically handle this. If the parties cannot resolve the issues, then the requesting party may file a motion to compel. A sanctions request, which is a request for fees and costs, accompanies that motion to compel.
Discovery sanctions are not based on need or ability to pay
Unreasonable financial hardship is also not a defense. Family Code 2030 through 2032 and Family Code 271 are irrelevant to discovery sanctions. Most discovery sanctions statutes state the court shall award attorney fees and costs to the winner and against the loser unless the loser had substantial justification for opposing the request.
Monetary sanctions are not the only sanction available to a prevailing party
In more extreme cases, a party can seek issue sanctions, evidence sanctions and even terminating sanctions. These types of sanctions can actually cut off a party’s ability to present evidence, be able to argue issues and in the case of a terminating sanction, remove that party’s ability to participate in the case.
cited https://farzadlaw.com/attorneys-fees/discovery-based-sanctions
To Learn More…. Read MORE Below and click the links Below
Abuse & Neglect – The Reporters (Police, D.A & Medical & the Bad Actors)
If You Would Like to Learn More About: The California Mandated Reporting Law Click Here
To Read the Penal Code § 11164-11166 – Child Abuse or Neglect Reporting Act – California Penal Code 11164-11166 Article 2.5. (CANRA) Click Here
Mandated Reporter form Mandated Reporter FORM SS 8572.pdf – The Child Abuse
ALL POLICE CHIEFS, SHERIFFS AND COUNTY WELFARE DEPARTMENTS INFO BULLETIN Click Here Officers and DA’s for (Procedure to Follow)
It Only Takes a Minute to Make a Difference in the Life of a Child learn more below
You can learn more here California Child Abuse and Neglect Reporting Law its a PDF files taken from
Learn More About True Threats Here below….
We also have the The Brandenburg v. Ohio (1969) – 1st Amendment
CURRENT TEST = We also have the The ‘Brandenburg test’ for incitement to violence – 1st Amendment
We also have the The Incitement to Imminent Lawless Action Test– 1st Amendment
We also have the True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment
We also have the Watts v. United States – True Threat Test – 1st Amendment
We also have the Clear and Present Danger Test – 1st Amendment
We also have the Gravity of the Evil Test – 1st Amendment
We also have the Elonis v. United States (2015) – Threats – 1st Amendment
Learn More About What is Obscene…. be careful about education it may enlighten you
We also have the Miller v. California – 3 Prong Obscenity Test (Miller Test) – 1st Amendment
We also have the Obscenity and Pornography – 1st Amendment
Learn More About Police, The Government Officials and You….
$$ Retaliatory Arrests and Prosecution $$
We also have the Brayshaw v. City of Tallahassee – 1st Amendment – Posting Police Address
We also have the Publius v. Boyer-Vine –1st Amendment – Posting Police Address
We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests
We also have the Nieves v. Bartlett (2019) – 1st Amendment – Retaliatory Police Arrests
We also have the Hartman v. Moore (2006) – 1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims Against Government Officials – 1st AmendmentWe also have the Reichle v. Howards (2012) – 1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims Against Government Officials – 1st AmendmentWe also have the Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly – 1st Amendment
We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ – Letters to Politicians Homes – 1st Amendment
We also have the First Amendment Encyclopedia very comprehensive – 1st Amendment
ARE PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!
We also have the Penal Code 118 PC – California Penalty of “Perjury” Law
We also have the Federal Perjury – Definition by Law
We also have the Penal Code 132 PC – Offering False Evidence
We also have the Penal Code 134 PC – Preparing False Evidence
We also have the Penal Code 118.1 PC – Police Officer$ Filing False Report$
We also have the Spencer v. Peters– Police Fabrication of Evidence – 14th Amendment
We also have the Penal Code 148.5 PC – Making a False Police Report in California
We also have the Penal Code 115 PC – Filing a False Document in California
Sanctions and Attorney Fee Recovery for Bad Actors
FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse Allegations – Family Code 3027.1 – Click Here
FAM § 271 – Awarding Attorney Fees– Family Code 271 Family Court Sanction Click Here
Awarding Discovery Based Sanctions in Family Law Cases – Click Here
FAM § 2030 – Bringing Fairness & Fee Recovery – Click Here
Know Your Rights Click Here (must read!)
Under 42 U.S.C. $ection 1983 – Recoverable Damage$
42 U.S. Code § 1983 – Civil Action for Deprivation of Right$
$ection 1983 Lawsuit – How to Bring a Civil Rights Claim
18 U.S. Code § 242 – Deprivation of Right$ Under Color of Law
18 U.S. Code § 241 – Conspiracy against Right$
$uing for Misconduct – Know More of Your Right$
Police Misconduct in California – How to Bring a Lawsuit
Malicious Prosecution / Prosecutorial Misconduct – Know What it is!
New Supreme Court Ruling – makes it easier to sue police
RELATIONSHIP WITH YOUR CHILDREN & YOUR CONSTITUIONAL RIGHT$ + RULING$
YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK
We also have the 9.3 Section 1983 Claim Against Defendant as (Individuals) — 14th Amendment this CODE PROTECT$ all US CITIZEN$
We also have the Amdt5.4.5.6.2 – Parental and Children’s Rights 5th Amendment this CODE PROTECT$ all US CITIZEN$
We also have the 9.32 – Interference with Parent / Child Relationship – 14th Amendment this CODE PROTECT$ all US CITIZEN$
We also have the California Civil Code Section 52.1 Interference with exercise or enjoyment of individual rights
We also have the Parent’s Rights & Children’s Bill of Rights SCOTUS RULINGS FOR YOUR PARENT RIGHTS
We also have a SEARCH of our site for all articles relating for PARENTS RIGHTS Help!
GRANDPARENT CASE LAW
Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment
Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required
S.F. Human Servs. Agency v. Christine C. (In re Caden C.)
9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship
Parent’s Rights & Children’s Bill of Rights
Cal State Bar PDF to read about Three Parent Law – The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf
DUE PROCESS READS>>>>>>
Due Process vs Substantive Due Process learn more HERE
Understanding Due Process – This clause caused over 200 overturns in just DNA alone Click Here
Mathews v. Eldridge – Due Process – 5th & 14th Amendment Mathews Test – 3 Part Test– Amdt5.4.5.4.2 Mathews Test
“Unfriending” Evidence – 5th Amendment
At the Intersection of Technology and Law
We also have the Introducing TEXT & EMAIL Digital Evidence in California Courts – 1st Amendment
Retrieving Evidence / Internal Investigation Case
Fighting Discovery Abuse in Litigation – Forensic & Investigative Accounting – Click Here
Conviction Integrity Unit (“CIU”) of the Orange County District Attorney OCDA – Click Here
Orange County Data, BodyCam, Police Report, Incident Reports, and all other available known requests for data below:
APPLICATION TO EXAMINE LOCAL ARREST RECORD UNDER CPC 13321 Click Here
Learn About Policy 814: Discovery Requests OCDA Office – Click Here
Request for Proof In-Custody Form Click Here
Request for Clearance Letter Form Click Here
Application to Obtain Copy of State Summary of Criminal HistoryForm Click Here
Request Authorization FormRelease of Case Information – Click Here
CPRA Public Records Act Data Request – Click Here
Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here
Appealing/Contesting Case/Order/Judgment/Charge/ Suppressing Evidence
First Things First: What Can Be Appealed and What it Takes to Get Started – Click Here
Options to Appealing– Fighting A Judgment Without Filing An Appeal Settlement Or Mediation
Cal. Code Civ. Proc. § 1008 Motion to Reconsider
Penal Code 1385 – Dismissal of the Action for Want of Prosecution or Otherwise
Penal Code 1538.5 – Motion To Suppress Evidence in a California Criminal Case
CACI No. 1501 – Wrongful Use of Civil Proceedings
Penal Code “995 Motions” in California – Motion to Dismiss
WIC § 700.1 – If Court Grants Motion to Suppress as Evidence
Suppression Of Exculpatory Evidence / Presentation Of False Or Misleading Evidence – Click Here
Notice of Appeal — Felony (Defendant) (CR-120) 1237, 1237.5, 1538.5(m) – Click Here
Epic Criminal / Civil Right$ SCOTUS Help – Click Here
Epic Parents SCOTUS Ruling – Parental Right$ Help – Click Here
Judge’s & Prosecutor’s Jurisdiction – SCOTUS RULINGS on Judicial & Prosecutorial Conduct
Family Treatment Court Best Practice Standards
Download Here this Recommended Citation
Please take time to learn new UPCOMING
The PROPOSED Parental Rights Amendment
to the US CONSTITUTION Click Here to visit their siteThe proposed Parental Rights Amendment will specifically add parental rights in the text of the U.S. Constitution, protecting these rights for both current and future generations.
The Parental Rights Amendment is currently in the U.S. Senate, and is being introduced in the U.S. House.
