Escondido, CA asked in Real Estate Law, Business Law and Gov & Administrative Law for California

Q: Does the family court in California have the authority to rule on civil business and professional code violations?

I am seeking treble damages along with real estate and cal business & professional code violation damages stemming from a real estate purchase with my former partner soon to be ex wife on a property purchased after the date of separation where she breached our contract and she was the licensed real estate agent

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, family courts primarily handle cases related to divorce, child custody, spousal support, and similar family law matters. While they have broad jurisdiction over issues arising out of marital relationships, including the division of marital property, family courts do not typically have jurisdiction to directly adjudicate civil claims for business and professional code violations, especially those seeking treble damages or involving complex business disputes unrelated to the division of marital assets.

For claims involving real estate and California Business & Professional Code violations, particularly where treble damages are sought, the appropriate venue would likely be a civil court. This is because such claims can involve intricate legal and factual issues beyond the family law scope, requiring specific procedures and remedies that are available in civil litigation. However, if the real estate in question is considered part of the marital estate, the family court could potentially oversee aspects related to its division but would not adjudicate the business and professional code violation claims.

Given your situation, where the dispute involves a real estate purchase with a former partner who is also a licensed real estate agent, and allegations of breach of contract after the date of separation, you might need to pursue your claims in both family and civil court. The family court could address issues related to the dissolution of marriage and division of property, while civil court proceedings could be necessary to seek remedies for the alleged business and professional code violations and treble damages. It's advisable to consult with an attorney who has experience in both family law and civil litigation to develop a strategy that addresses all aspects of your case.

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