or other serious physical abuse of a child by an adult constitutes a fundamental betrayal” “Sexual Is Risk to One Risk to All? I.J. (cont’d) The more egregious the abuse, the more appropriate to assume jurisdiction over siblings Risk assessment for sexual abuse of brothers was not necessary given nature of abuse to sister Is Risk to One Risk to All? False Child Sexual Abuse Claims & Recovery Child Sexual Abuse Issues Robert J. v. Catherine D. (Robert J. II) (2009) 171 Cal.App.4th 1500 (CA-4(1)) 1 day short of 1 year, F moves for recovery against M and M’s atty (Atty-JF) for Fees and other expenses Psychological testing fees Court transcripts Process servers and depositions Among other items False Abuse Claim Sanctions Robert J. II (cont’d) F asserts theories of recovery under Fam C 271 (sanctions against party for unreasonable conduct) F seeks sanctions in excess of $500K Fam C 3027.1 (sanctions against or others for repeated allegations of abuse) F seeks over $250K T/Ct grant’s Atty-JF motion to quash on basis of one year statute of limitations for defamation [CCP 340(c)] Robert J. II (cont’d) F filed motion for reconsideration (CCP 1008) asking court to reconsider ruling F claims by analogy 2 year malicious prosecution statute should apply F observes silent on when motion should be filed seeking recovery Fam C 3027.1 T/Ct: Denied motion for reconsideration [Consider: (2008) 158 Cal.App.4th Marriage of Barthold 1301] Robert J. II (cont’d) CA-4(1): REVERSES Case of first impression T/Ct applied statute of limitations concepts instead of rule of court principles F allowed to proceed against M and Atty-JF Future cases governed by this ruling CA-4(1) uses best interest test in making decision on statute of limitations
“Sexual or other serious physical abuse of a child by an adult constitutes a fundamental betrayal” Is Risk to One Risk to All? I.J. (cont’d) The more egregious the abuse, the more appropriate to assume jurisdiction over siblings Risk assessment for sexual abuse of brothers was not necessary given nature of abuse to sister Is Risk to One Risk to All? False Child Sexual Abuse Claims & Recovery Child Sexual Abuse Issues Robert J. v. Catherine D. (Robert J. II) (2009) 171 Cal.App.4th 1500 (CA-4(1)) 1 day short of 1 year, F moves for recovery against M and M’s atty (Atty-JF) for Fees and other expenses Psychological testing fees Court transcripts Process servers and depositions Among other items False Abuse Claim Sanctions Robert J. II (cont’d) F asserts theories of recovery under Fam C 271 (sanctions against party for unreasonable conduct) F seeks sanctions in excess of $500K Fam C 3027.1 (sanctions against or others for repeated allegations of abuse) F seeks over $250K T/Ct grant’s Atty-JF motion to quash on basis of one year statute of limitations for defamation [CCP 340(c)] Robert J. II (cont’d) F filed motion for reconsideration (CCP 1008) asking court to reconsider ruling F claims by analogy 2 year malicious prosecution statute should apply F observes Fam C 3027.1 silent on when motion should be filed seeking recovery T/Ct: Denied motion for reconsideration [Consider: Marriage of Barthold (2008) 158 Cal.App.4th 1301] Robert J. II (cont’d) CA-4(1): REVERSES Case of first impression T/Ct applied statute of limitations concepts instead of rule of court principles F allowed to proceed against M and Atty-JF Future cases governed by this ruling CA-4(1) uses best interest test in making decision on statute of limitations
2017%20AFLC%20Day%20One%20Outline%20Part-2.docx