06/11/2021
Today was a great academic day for Ludwig Law Center, Inc. We were referred a case from another Family Law attorney to represent the parents of his client on a Complaint for Joinder. The allegations were that husband acquired an interest in the parentsâ house the parties rented from them because he did repairs to their residence and that somehow gave him an interest in the property, or at a minimum, husband was entitled to reimbursement.
We filed a Demurrer to the complaint for Joinder (which you rarely see in family law cases). In fact, opposing counsel threatened us with sanctions multiple times for daring to file such a âfrivolous and impermissible motionâ in the family law case. The narrow exception is on joinder actions where the underlying issues are civil in nature. We also filed a motion to dismiss for lack of subject matter jurisdiction because the family court is not the proper court to hear the issues presented.
The Judge read everything and had the Superior Court research attorneys check our legal position and supporting law. After months of legal briefs, the Judge agreed that the demurrer was properly pled and dismissed the Complaint for Joinder for lack of subject matter jurisdiction. Needless to say, we have some extremely happy clients. Great academic win for LLC.