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« Civil Rights: $104,000 Fee Award Against Losing Civil Rights Plaintiffs Reversed | Main | Arbitration: Published And Unpublished Decisions Illustrate Deference Given To Arbitrators Final Awards Regarding Attorneys Fees »

August 30, 2010

Comments

Richard Gould-Saltman

Fascinating, and really problematic, in regard to the issue of when a CCP 2024 cut-off does, and does not, apply in a family law proceeding. Read literally, any post-judgment proceeding in a family law action is a separate "trial", and, per the court's explicit holding here, the thirty-day cut-off gets re-applied.

This is, needless to say, EXTREMELY problematic as to post-judgment OSC's for modification, which are often set less than sixty days from the date filed; effectively, this means that there's little or no discovery, in the absence of a waiver, or an order, relieving from the 2024 time limit.

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