V. Opara

In a personal injury action arising from a motor vehicle accident, the defendant moved to compel a proper affidavit of documents and further production from the plaintiff.

Applying the principle that relevance is determined by the pleadings, the court held that the requested medical, employment, tax, benefits, and property damage records were relevant to the pleaded physical and psychological damages and that the plaintiff had breached his production obligations through piecemeal and inadequate disclosure.

The court ordered the plaintiff to serve an affidavit of documents, including Schedule C, within 20 days, with modified wording limiting production to documents within the plaintiff’s possession, control, or power.

Partial indemnity costs of $4,607.69 were awarded to the defendant.

The applicant brought a summary judgment motion to set aside the transfer of a property by her former husband to three tenants, alleging it was a fraudulent conveyance intended to defeat her family law claims.

The transfer occurred shortly before trial and in violation of a court order prohibiting the sale.

The court found numerous 'badges of fraud' and rejected the purchasers' claims that they bought the property in good faith without notice.

The court granted summary judgment, setting aside the transfer and vesting the property in the applicant.

The applicant sought sole custody, child support, and an equalization payment following a 15-year marriage.

The respondent, who had not paid child support since separation and was found in contempt of court for selling a property in violation of a court order, sought sole or joint custody of one child and spousal support.

The court granted the applicant sole custody, ordered retroactive and prospective child support, and calculated the equalization payment and other reimbursements owed by the respondent.

To satisfy the total amount owed of $441,378.68, the court ordered the respondent's property, the transfer of which was set aside in a companion decision, to be vested in the applicant.