Ex-Husband Filed Lots Of Motions And Did Not Provide Record Citations To Generate Traction On Appeal, Plus Ad Hominem Found Abhorrent.
Marriage of Bulmer, Case No. B277266 (2d Dist., Div. 6 Sept. 18, 2017) (unpublished) may seem routine (and it somewhat is), but does contain some good guidance for any litigant trying to gain traction on appeal. One message is not to make ad hominem attacks.
Ex-husband lost a Family Code section 271 sanctions award to the tune of $10,000. The bad part of the facts is that he attempted to modify certain pre-trial orders by filing 13 motions, all of which were denied. On appeal, he challenged the 217 sanctions order. The problem is that ex-husband provided no citation to the record, which was fatal to the appeal. However, just as important, his ad hominem attacks on his ex-wife and her counsel were not viewed well, with the appellate court rejecting these attacks by quoting from a 2002 decision: “Ad hominem arguments, of course, constitute one of the most common errors in logic: Trying to win an argument by calling your opponent names . . . only shows the paucity of your own reasoning.” (Huntington Beach City Council v. Superior Court, 94 Cal.App.4th 1417, 1430 (2002).) Huntington Beach was authored by former Presiding Justice David Sills of the 4/3 DCA.