Perow

Perow v. Uzelac (In re Perow)

Good Law
242 Cal. Rptr. 3d 874·31 Cal. App. 5th 984
Court of Appeal of CaliforniaJanuary 31, 2019B283457California2,621 words

Opinion

Lead Opinion

Hoffstadt, J.

*986 When a party to a dissolution proceeding moves to modify an existing order, the other party may ask the court for "affirmative relief" in a responsive pleading, but only if that relief is "alternative to that requested by the moving party" and "on the same issues raised by the moving party." ( Fam. Code, § 213, subd. (a).) 1 Is a responding party's request for sanction-based attorney fees under section 271 a request for "affirmative *987 relief"? We conclude that it is not. Accordingly, and because the appealing party's other challenge lacks merit, we affirm the award of sanctions in the form of attorney fees in this case.

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Richard Uzelac (husband) and Catherine Perow (wife) got married in November 2000. At that time, wife knew that husband was a convicted sex offender, but she did not know the details of the underlying crime-namely, that he had molested his stepdaughter for several years, from when she was 8 to 12 years old. Husband and wife had a daughter in 2007. They separated in May 2008.

II. Procedural Background

A. Dissolution of marriage

Wife filed for dissolution of her marriage in July 2009, seeking custody of their…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.