California Court of Appeal

Robert J. v. Catherine D., D051552

In a child custody action, trial court's dismissal of plaintiff's section Family Code 3027.1 sanctions motion against defendant on statute of limitations grounds is reversed and remanded for reconsideration on its merits. As an issue of first impression, a party moving for section 3027.1 sanctions must file their motion on or before the earliest of 60 days after the judgment or order exonerating them from such allegations is served, or 180 days from the entry of such judgment or order.

Appellate Information

• Decided 03/11/2009
• Published 03/11/2009

Judges

• BENKE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Luce, Forward, Hamilton & Scripps and Charles A. Bird, San Diego;  Kolodny & Anteau and Ronald W. Anteau, Beverly Hills, for Plaintiff and Appellant.


• For Appellees:
  
• Stephen M. Hogan, San Diego;  Bruce M. Beals, San Diego;  Hurst & Hurst, Debra L. Hurst, San Diego, and Loren G. Freestone for Objector and Respondent.