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| October 14, 2010 |
| Marriage of Tharp, Important Victory Against Game-Playing Family Law Litigants |
| Posted By Thurman Arnold |
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On October 1, 2010, the Court of Appeal for the Fifth Appellate District issued what is a monumental decision affecting under-empowered spouses enmeshed in litigation in a case entitled IRMO Tharp (2010) 188 Cal.App.4th 1295. This is one of the biggest family law cases of 2010.
I am so excited by the Appellate Court's decision in response to what was clearly an abuse of litigation by in this case - the Husband - and of the abuses of discretion by the trial court, that I can barely contain my enthusiasm.
An obviously intelligent and experienced trial judge was reversed (up-ended) for failing to exercise fairness, for succumbing to bias, and for failing to maintain equanimity in the family court process under facts and circumstances that I will blog over the weekend - sorry.
This case speaks to abusive claims regarding prenuptial agreements, discovery abuse,
abuse of power by higher earners, and much more.
Judging is a terribly difficult task, but the administration of justice that our system depends upon requires that our appellate judicial officers act in appropriate circumstances. This they did, with vigor.
I will blog this important decision in detail over the coming weekend because there are a series of themes that may deeply affect family law litigants.
I predict that we will soon hear lawyers using this case name as a verb - as in "I was THARPED" or they "THARPED my client." Carl Tharp's name is destined to become a California Family Law synonym for abusive family litigation tactics and justice! I predict that we will see a THARP II once sanctions are issued.
Kudos to Attorney Dale R. Bruder - really nice job!
IMHO
Thurman W. Arnold III
http://www.ThurmanArnold.com/Blog.aspx
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