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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  Attorney with experience in family law.
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An attorney provides false information to the court about

Customer Question

An attorney provides false information to the court about facts and the court relies on the false facts in rendering an order (adverse to me). Under Datig v Dove Brooks (73 Cal.App.4th 964, 981 (1999)), the attorney is supposed to tell the court about
the false information once the attorney realizes the issue, or already knows about it, and is further supposed to stipulate to have the affected order set aside. Is there a way to have the attorney compelled to abide by this duty if he/she won't do it voluntarily?
The fact that the attorney gave false information to the court, even knowingly, can be readily proven.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,
I'm Lucy, and I'd be happy to answer your questions today.
When an attorney files something with the court, he's certifying that it is correct to the best of his knowledge, information, and belief. Cal. Code Civ. P., Section 128.7. That same statute allow a party to file a motion for sanctions if an attorney makes a false statement to the court and refuses or fails to correct it. You also have the ability to file a Motion to Strike the false information.
Take a look at the statute for the requirements:
http://codes.lp.findlaw.com/cacode/CCP/3/1/1/6/2/s128.7
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