CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Torts
.........Community Prop.-Fraud Related
5 Cards On This Topic:
  • There is no tort remedy for concealment of community assets in a dissolution proceeding.
  • Civil actions which are really nothing more than reruns of a family law case are disfavored.
  • W who suffered injury because former H tortiously concealed c/p, preventing her fully presenting case in dissolution, is entitled to bring tort action based on the alleged concealment.
  • Despite inadequate FL remedies and egregiousness of W's conduct, no malicious prosecution may arise out of unsuccessful family law actions.
  • Tort action for fraud against spouse properly consolidated with dissolution action; fraud and exemplary damages proper.