Family Code 271 Archives - Good Shepherd News - Fastest Growing Religious, Free Speech & Political Content https://goodshepherdmedia.net/tag/family-code-271/ Christian, Political, ‎‏‏‎Social & Legal Free Speech News | Ⓒ2024 Good News Media LLC | Shepherd for the Herd! God 1st Programming Sat, 31 Dec 2022 08:24:22 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 https://goodshepherdmedia.net/wp-content/uploads/2023/08/Good-Shepherd-News-Logo-150x150.png Family Code 271 Archives - Good Shepherd News - Fastest Growing Religious, Free Speech & Political Content https://goodshepherdmedia.net/tag/family-code-271/ 32 32 Discovery Based Sanctions in Family Law Cases https://goodshepherdmedia.net/discovery-based-sanctions-in-family-law-cases/ Wed, 05 Oct 2022 11:56:36 +0000 https://goodshepherdmedia.net/?p=6930 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:

  1. Form interrogatories which are preprinted written questions.
  2. Special interrogatories which are custom drafted questions.
  3. Oral depositions which are question and answer sessions that typically take place by one party’s attorney of the other party.
  4. Request for production of documents which are a party’s request the other party produce certain documents.
  5. Request for admissions of facts which are a request by one party to the other party to admit certain facts as true.
  6. 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.
  7. Physical or mental examinations, although these are less common in family law cases.
  8. 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

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CURRENT TEST = We also have the The ‘Brandenburg test’ for incitement to violence – 1st Amendment

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We also have the Hartman v. Moore (2006) – 1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims Against Government Officials – 1st Amendment

We also have the Reichle v. Howards (2012) – 1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims Against Government Officials – 1st Amendment

We 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

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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

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Police Misconduct in California – How to Bring a Lawsuit

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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$

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At the Intersection of Technology and Law

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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

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Cal. Code Civ. Proc. § 1008 Motion to Reconsider

Penal Code 1385 – Dismissal of the Action for Want of Prosecution or Otherwise

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Notice of Appeal — Felony (Defendant) (CR-120)  1237, 1237.5, 1538.5(m) – Click Here

 Epic Criminal / Civil Right$ SCOTUS Help – Click Here

At issue in Rosenfeld v. New Jersey (1972) was whether a conviction under state law prohibiting profane language in a public place violated a man's First Amendment's protection of free speech. The Supreme Court vacated the man's conviction and remanded the case for reconsideration in light of its recent rulings about fighting words. The man had used profane language at a public school board meeting. (Illustration via Pixabay, public domain) Epic Parents SCOTUS Ruling – Parental Right$ Help – Click Here

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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 site

The 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.

 

]]> FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse Allegations – Family Code 3027.1 https://goodshepherdmedia.net/fam-code-3027-1-attorneys-fees-and-sanctions-for-false-child-abuse-allegations/ Tue, 04 Oct 2022 11:44:51 +0000 https://goodshepherdmedia.net/?p=6929 FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse Allegations –
Family Code 3027.1

When and how does the court award attorney’s fees for false child abuse allegations?

Attorney’s Fees as Sanctions for False Child Abuse Allegations

False child abuse allegations may be the worst thing a parent can do to another parent in a divorce.

The type of monster who knowingly makes false child abuse allegations should have his or her parenting time taken away. He or she should also be significantly, monetarily sanctioned in the form of attorney’s fees and costs.

On this page, we go through Family Code 3027.1 – the ultimate sanctions and attorney fee statute against a parent who knowingly makes false child abuse allegations.

Text of Family Code 3027.1

Family Code 3027.1 states:

“(a) If a court determines, based on the investigation described in Section 3027 or other evidence presented to it, that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose reasonable money sanctions, not to exceed all costs incurred by the party accused as a direct result of defending the accusation, and reasonable attorney’s fees incurred in recovering the sanctions, against the person making the accusation. For the purposes of this section, “person” includes a witness, a party, or a party’s attorney.

(b) On motion by any person requesting sanctions under this section, the court shall issue its order to show cause why the requested sanctions should not be imposed. The order to show cause shall be served on the person against whom the sanctions are sought and a hearing thereon shall be scheduled by the court to be conducted at least 15 days after the order is served.

(c) The remedy provided by this section is in addition to any other remedy provided by law.”

What happens when a parent knowingly makes false allegations of child abuse or neglect against the other parent?

Hopefully, the court vindicates the falsely accused parent and orders supervised visits or some other restricted visitation against the false accuser. But in addition to that, California Family Code 3027.1 gives the victimized parent the ability to seek attorney fees and costs against the person who made the knowingly false allegation.

Notice the following elements to Family Code 3027.1

1. The accusation of child abuse or neglect must be false.

2. The person who made the accusation knew the accusation was false at the time he or she made the accusation.

3. A person includes the party, the party’s attorney and even a witness. That means the falsely accused parent can under the proper circumstances seek attorney fees and costs against the accusing parent’s attorney or even a witness who knowingly made the false allegation.

Family Code 3027.1 is not the only way to seek attorneys fees against the parent who makes false allegations but I believe it is one of the most powerful.

An experienced attorney’s advice is critical in such cases because such motions are complicated and have time limitations attached to them.

Learn more about sanctions by reading the pages linked below.

cited https://farzadlaw.com/attorneys-fees/sanctions-false-child-abuse-allegations

 

 

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

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 – California Penal Code 11164-11166

Article 2.5. Child Abuse and Neglect Reporting Act (CANRA) Click Here

Download the Mandated Reporter form below click link

Mandated Reporter FORM SS 8572.pdf – The Child Abuse

ALL POLICE CHIEFS, SHERIFFS AND COUNTY WELFARE DEPARTMENTS

INFORMATION 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

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