Discovery is an essential component of divorce actions, and the San Diego Family Law Courts will typically go to great lengths to protect that right to ensure just and efficient resolution of cases. Discover, in a San Diego Divorce or Legal Separation can include, but not limited to, the following: Written Interrogatories; Production of Documents; Deposition; Subpoena. Recently, a California Court discussed the interplay between discovery in a divorce action and a protective order in an unrelated case. If you have questions about how other proceedings may impact your rights in a divorce action, it is in your best interest to consult a San Diego divorce attorney as soon as possible.
Factual and Procedural Background
It is reported that the husband and wife had a brief marriage, followed by a separation and subsequent high-conflict litigation over child custody and support. After a trial in 2011, the Trial Court ordered the husband to pay monthly child support. In 2015, the wife sought a modification of the child support obligation based on alleged non-disclosure of financial information. The Court reduced the child support obligation, however.
Allegedly, in the husband April 2019, the husband raised concerns about overpaid child support and requested an order to determine arrears. The wife sought discovery related to the husband’s motion, and when he neglected to answer her requests, moved to compel his response. The Trial Court granted her motion. The husband then moved to set aside the Trial Court’s order, arguing that a protective order secured in 2017 in a separate malpractice action prevented the use of certain financial information in their family law proceedings. The Trial Court rejected the husband’s argument, and he appealed. Continue reading