Can a wife bring a civil action against her husband and two accounting firms while the husband is in a marital dissolution proceeding?

California, United States of America


The following excerpt is from Burkle v. Burkle, 144 Cal.App.4th 387, 50 Cal.Rptr.3d 436 (Cal. App. 2006):

While a marital dissolution proceeding was pending, a wife brought a separate civil action against her husband and two accounting firms. The wife claimed her husband failed to make two interim monthly payments required under the terms of a stipulation and order in the dissolution proceeding, and further claimed his conduct constituted intentional infliction of emotional distress. The wife also sought a declaration that the husband and the accounting firms were required to provide her with tax returns and related documents she had previously sought in the dissolution proceeding. Under well-established precedent precluding parties to dissolution proceedings from engaging in "family law waged by other means" (Neal v. Superior Court (2001) 90 Cal.App.4th 22, 27, 108 Cal.Rptr.2d 262), we affirm the trial court's judgment of dismissal.

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