DADSLAW OBTAINS $25,000 ATTORNEYS’ FEE AWARD AGAINST DEPARTMENT OF CHILD SUPPORT SERVICES FOR BAD FAITH ACTIONS AND TACTICS
On June 19, 2008, DADSLAW INC., APLC, a law firm devoted to representing fathers involved in divorce, custody, and support matters throughout Southern California, obtained an award of attorneys’ fees against the County of Los Angeles Department of Child Support Services (DCSS) in the amount of $25,270 on behalf of its client, Sean Rogers. The Findings and Order after Hearing was filed with the court on July 31, 2008.
The Department of Child Support Services (County of Los Angeles) filed five separate actions against DADSLAW client, Sean Rogers, attempting to impose a child support order against him. The initial lawsuit was dismissed after Rogers brought a successful Motion for Summary Judgment. The court found that the mother seeking support was married to another man at the time the child was born, and that her husband was the father of the minor child as a matter of law. Nevertheless, the Department of Child Support Services brought five subsequent suits against Rogers, seeking to obtain a finding of paternity against him and to require him to pay child support for the minor child. Although each of these suits was dismissed, the Department of Child Support Services, in its last suit, allegedly served Mr. Rogers with summons and complaint upon a roommate, which he did not have, and obtained a judgment by default against him, which included an outrageous child support order which it then claimed was in arrears by several thousands of dollars. In its attempts to collect on the illegal child support order, the Department of Child Support Services garnished Rogers’ wages, and suspended his real estate and driver’s licenses.
DADSLAW brought a Motion to Vacate the Judgment, which was granted. The Department of Child Support Services continued in its efforts to collect against Rogers, filing a subsequent Motion for Child Support. DADSLAW was able to have that Motion dismissed, and brought a Motion for Attorneys’ Fees and Sanctions against the Department of Child Support Services for Bad Faith Actions and Tactics pursuant to California Code of Civil Procedure §§128.5 & 128.7. After two extended hearings, the court found that DCSS had acted in bad faith in its relentless and specious pursuit of Rogers. In granting DADSLAW’s motion, the court ordered DCSS to pay DADSLAW the sum of $25,270 in attorneys’ fees and sanctions.
J. Curtis Cox, the Managing Attorney of DADSLAW, handled the case, presenting evidence and delivering oral argument. Mr. Cox attributes credit for this virtually unprecedented success to the outstanding briefing in the case which was handled by DADSLAW founder and principal attorney, Krystal Clemens, who was capably assisted by Senior Associate, Ginger Williams-Meli.
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