Divorce and Violation of Fiduciary Duties Under the Civil Code
At the Orange County Law office of David P Schwarz we have defended many cases where the client has breached a fiduciary duty the other spouse. Please contact our law office at 949 735 9266 or via the web for a consultation. We can also be contacted via email at firstname.lastname@example.org.
A Divorce lawyer will defend a client when there are allegations in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages by way of punishing the defendant.
A Divorce attorney can defend you if you are in employer and employee relationship with your spouse. An employer shall not be liable for damages based upon acts of an employee, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct.
At the Orange County Law office of David P Schwarz we will defend our client for lawsuits against them regarding any malice that is charged against them in a civil action. Malice means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. This element is often demonstrated in murder cases when a person uses such disregard toward another that they use malice.
A Divorce attorney will also defend you against civil court allegations of Oppression. This means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. A party takes advantage of the other party and does this with scorn and willfulness.
A superior court lawyer will also defend you against Fraud. This means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant. The defendant will have also had the intent to deprive a person of property or legal rights or otherwise causing injury.
Actual damages are those which compensate someone for the harm from which he or she has been proven to currently suffer from. These damages are also ones where the evidence shows they will suffer future damages.
The ultimately proper level of punitive damages is an amount not so low that the defendant can absorb it with little or no discomfort, nor so high that it destroys, annihilates, or cripples the defendant.
At the Law office of David P Schwarz we experienced divorce defense lawyers in orange county court. We defend any civil action for breach of a fiduciary duty to the other spouse and any damages that ensue. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at email@example.com.