Chauncey

Background

On February 25, 1982, the court entered an interlocutory judgment of dissolution of an 18-year marriage between Jeffrey B. and Judith A. Chauncey. The final judgment of dissolution followed on April 30, 1982. The interlocutory judgment had incorporated a marital termination agreement setting forth the parties’ rights and duties.

On February 24, 1983, Judith, now called Judith Niems (Niems), applied for an order to show cause and declaration for contempt, and an order to show cause for modification of child and spousal support awards.

Before September 14, 1983, the parties had resolved all the claims in the order to show cause and declaration for contempt, and all but two issues in the order to show cause for modification. The superior court held two days of hearings before denying Niems’ request for increased child support. Its December 20, 1983, statement of decision found that Chauncey was the prevailing party, and ordered Niems to pay $7,500 to Chauncey’s attorney for his services rendered in this matter.

On March 30, 1984, Jeffrey B. Chauncey (plaintiff and/or Chauncey) filed a complaint consisting of three causes of action—two for malicious…