CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Torts
.........In General
6 Cards On This Topic:
  • Deputy sheriff's C/A against ex-W, alleging stmts she made to internal affairs breached settlement agrmt., should have been stricken where her actions were based on protected activity and litigation privilege applied.
  • When the dispute involves a transaction that would not have taken place except that it was required by the Family Code, it must be brought in the family court.
  • W's demurrer to H's civil complaint should have been sustained where causes of action based on actions in family law court, amounting to a "rerun[] of [the] family law case."
  • "Residence" of children of divorced parents is determined by a facts and circumstances test; no bright line rule exists.
  • Interspousal immunity abolished for intentional torts.
  • Interspousal immunity abolished for negligent torts.