Assembly Bill 16
An act to add Sections 274, 782.5, and 4324 to the Family Code, relating to civil actions.
Approved by Governor August 3, 1995. Filed with Secretary of State August 4, 1995
LEGISLATIVE COUNSEL'S DIGEST
AB 16, Rainey. Exemplary damages.
Existing law provides that where a married person is injured by his or her spouse, as
specified, the community property may not be used to discharge the liability of the tortfeasor
spouse to the injured spouse or the liability to make contribution to a joint tortfeasor until the
separate property of the tortfeasor spouse is exhausted, as specified. This bill would provide
that, in addition to any other remedy authorized by law, when a spouse is convicted of
attempting to murder the other spouse, as specified, the injured spouse shall be entitled to
100% of the community property interest in his or her retirement and pension benefits, and a
prohibition of specified support or insurance benefits from the injured spouse to the other
spouse, as specified. The bill would define injured spouse for these purposes. The bill would
also authorize a court to award attorney's fees and costs in the form of a sanction i these
cases, as specified.
274. (a) Notwithstanding any other provision of law, if the injured spouse is entitled to a
remedy authorized pursuant to Section 4324,the injured spouse shall be entitled to an award
of reasonable attorney's fees and costs as a sanction pursuant to this section. (b) An award of
attorney's fees and costs as a sanction pursuant to this section shall be imposed only after
notice to the party against whom the sanction is proposed to be imposed and opportunity for
that party to be heard. (c) An award of attorney's fees and costs as a sanction pursuant to
this section is payable only from the property or income of the party against whom the
sanction is imposed, except that the award may be against the sanctioned party's share of the
community property. In order to obtain an award under this section, the party requesting an
award of attorney's fees and costs is not required to demonstrate any financial need for the
award.
782.5. In addition to any other remedy authorized by law, when a spouse is convicted of
attempting to murder the other spouse, as punishable pursuant to subdivision (a) of Section
664 of the Penal Code, the injured spouse shall be entitled to an award to the injured spouse
of 100 percent of the community property interest in the retirement and pension benefits of
the injured spouse.
4324. In addition to any other remedy authorized by law, when a spouse is convicted of
attempting to murder the other spouse, as punishable pursuant to subdivision (a) of Section
664 of the Penal Code, the injured spouse shall be entitled to a prohibition of any temporary
or permanent award for spousal support or medical, life, or other insurance benefits or
payments from the injured spouse to the other spouse. As used in this section, "injured
spouse" means the spouse who has been the subject of the attempted murder for which the
other spouse was convicted, whether or not actual physical injury occurred.
| THE LAW |
Memoir..True Crime Inspirational ...California Law Published by BERKLEY BOOKS, an imprint of Penguin USA "This book is truly a page turner....a shocking account of deception and betrayal." |
| Copyright 2011, Barbara Bentley. All rights reserved. No contents can be used without permission from the author. |
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