CALIFORNIA FAMILY LAW
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Procedure Before Trial/Hearing
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Torts
.........In General
6 Cards On This Topic:
Deputy sheriff's C/A against ex-W, alleging stmts she made to internal affairs breached settlement agrmt., should have been stricken where her actions were based on protected activity and litigation privilege applied.
When the dispute involves a transaction that would not have taken place except that it was required by the Family Code, it must be brought in the family court.
W's demurrer to H's civil complaint should have been sustained where causes of action based on actions in family law court, amounting to a "rerun[] of [the] family law case."
"Residence" of children of divorced parents is determined by a facts and circumstances test; no bright line rule exists.
Interspousal immunity abolished for intentional torts.
Interspousal immunity abolished for negligent torts.