Can a Judge Award More Property than a Party Requests
My question involves a marriage in the state of: California
The petitioner commited fraud by transfering some pieces of property that belong to the community. At trial, the respondents lawyer used Section 1100 of the CA Family Law. It seems like the respondents lawyer only requested 75%- 50 the petitioner tried to defraud and 25% that belong to her.*
The property was purchase by the community but someone else place on title (family member of petitioner) At dirvoce, petitioner claim 25% of the 50% of the community and he had the other 50% under the family. All was purchase with community funds and belong to the community. Court order 50/50.*
At trial for damages, the respondents lawyer only requested 75%. The court ordered that respondent keep 100% of the property. Can a judge give more than requested by the respondents lawyer? The petitioner lawyer claims otherwise and the respondents lawyers agrees... Respondent lawyer fought the case wrong.*
Please help!!
Re: Can a Judge Award More Property than a Party Requests
It sounds like you tried to defraud your ex-spouse and got caught. It sounds like your ex-spouse asked for 75% of the value of the property that you tried to cheat her out of, and that the judge was sufficiently offended by your misconduct that the judge awarded 100%. If that's the case, yes, that's a potential consequence of your act of fraud.
If you meant something else, you will need to state the facts more clearly.
Re: Can a Judge Award More Property than a Party Requests
Thats exactly what happened. Its not me.... my step father did it to my mother...
Our attorney claims petitioner attorney is right... that my mother is only entitle to 75%. So, I want to know if the judge has discretion to grant 100% (more than what was actually requested)?
Please help us help him... we go to court tomorrow.
Quote:
Quoting
Mr. Knowitall
It sounds like you tried to defraud your ex-spouse and got caught. It sounds like your ex-spouse asked for 75% of the value of the property that you tried to cheat her out of, and that the judge was sufficiently offended by your misconduct that the judge awarded 100%. If that's the case, yes, that's a potential consequence of your act of fraud.
If you meant something else, you will need to state the facts more clearly.
Re: Can a Judge Award More Property than a Party Requests
If this is mom and stepdad, why are you saying "we" and "our attorney"?
If mom's attorney truly wants to try to convince the court that it should take money away from her and give it to stepdad, and mom's okay with that, they are free to suggest that to the court, presenting whatever legal authority they have on the issue that would suggest an error by the judge.
Re: Can a Judge Award More Property than a Party Requests
I thought it would sound more formal. We been in court since 2010 fighting the case. When the judgement said she would have 100%, we really got happy. I was the one who suggested to our attorney to fight for 100)%
But now our attorney is claiming she might lose a portion because the judge granted more than what he had requested.
Can the petitioner's attorney claim this and appeal the judges decision? What defense can our attorney claim?
Thank you. I appreciate your help with this matter...
Quote:
Quoting
Mr. Knowitall
If this is mom and stepdad, why are you saying "we" and "our attorney"?
If mom's attorney truly wants to try to convince the court that it should take money away from her and give it to stepdad, and mom's okay with that, they are free to suggest that to the court, presenting whatever legal authority they have on the issue that would suggest an error by the judge.
Re: Can a Judge Award More Property than a Party Requests
Your mother should discuss the details of her case, and her strategy moving forward, with her lawyer. He either believes that the judge erred or he does not; and if he believes that the judge erred, he can explain the facts and law behind that determination to your mother.
Re: Can a Judge Award More Property than a Party Requests
The petitioner's attorney can of course appeal the judge's decision. That is their right to appeal a decision they find to be unfavorable to them. Judges do have the discretion to do what this judge did in particular. Acting out of fraud or malice in court is a serious offense.
http://articles.latimes.com/1999/nov/17/news/mn-34537