Cabral

Cabral v. Martins

Caution
177 Cal. App. 4th 471·2009 Cal. App. LEXIS 1483·99 Cal. Rptr. 3d 394·2009 WL 2581365
Court of Appeal of CaliforniaAugust 21, 2009A120657, A121731California8,053 words

Opinion

Opinion

Ruvolo, J.

Appellant’s ex-husband owes her a considerable sum in unpaid child support, for which appellant obtained a judgment against him in 1998. Since then, appellant has brought several actions against her ex-husband and his two siblings to attempt to collect on the judgment. In the present case, appellant sued not only her ex-husband and his siblings, but also several attorneys who represented the ex-husband, his siblings, and/or their mother. One of the attorneys revised the mother’s estate plan in a manner that appeared to disinherit appellant’s ex-husband. The others participated in probate court proceedings to effectuate the mother’s revised estate plan after her death, and/or defended appellant’s ex-husband and his siblings in other judicial proceedings through which appellant sought to collect her child support judgment. Appellant contends that in performing these acts, the attorneys violated a statute enacted in 2006 that authorizes treble damage awards against those who help a child support obligor avoid paying child support by assisting in the obligor’s transfer or concealment of assets.

The trial court granted the attorneys’ special motion to strike under the…

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