motion to compel preliminary declaration of disclosure

or both, unless the court finds that the noncomplying party acted with substantial These can include a change in value or investment opportunities, just to name a couple of examples. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Contact us. Divorce661 Thousand Oaks Office Location : licensed divorce service located at 27240 Turnberry Lane, Ste. Annual Report Tips. under Section 2104, unless that party is not required to serve a preliminary declaration of disclosure 4k,4GEc^qjtc}d0kyS2{E4*v:\n^sq>fxmk!=B=!e q1j-wzobXrqJm+/9Z3@ `5 |5HGYv2qL|q#vmxYq_"KFP4{E.QyL9q5,L\b\ K:H:@kLJMe0lK&i+\G@pL;v%2_63i;1wgFg!.&"pS-f1",\5EAe\HPB TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, , unless that party is not required to serve a preliminary declaration of disclosure This case was filed in Los Angeles County Superior Courts, with Denise M. McLaughlin-Bennett presiding. (Reed v. Reed, 93 I've recently blogged the importance of complying with Family Code section 2103 and section 2104, which obligate both parties to a pending dissolution, legal separation, or annulment proceeding to exchange a preliminary declaration of disclosure using Judicial Council Forms FL-140 (the You must exchange information, documents, and the names of witnesses that support your position. In the demand for production of Preliminary Declaration of Disclosure you will indicate the same thing you did in the letter. It is not a discovery request, but rather a demand that His testimony therefore might have a material bearing on the question of Rudys guilt or innocence, and Rudy might want to call him to testify at his trial.13, It is important to note that the government may not be compelled to disclose an informants identity when the defendant is challenging the validity of a search warrant that was issued based on statements by the informant.14. In such a circumstance, the schedule of assets and debts should state what percentage the spouse owns. WebIf the defense believes the preliminary hearing judge decided incorrectly, they can bring a 995 motion. or to obtain a trial date where they are not. (d) When, in any such criminal proceeding, a party demands disclosure of the identity of the informant on the ground the informant is a material witness on the issue of guilt, the court shall conduct a hearing at which all parties may present evidence on the issue of disclosure. What Are My Rights? (a) If one party fails to serve on the other party a preliminary declaration of disclosure It does not matter if the asset or debt is community or separate property. We offer free consultations. Criminal Defense Warrants Informants Motions to Compel Disclosure of Confidential Informants in California. G5 0!X}rTb He helps with giving discounts when he can . Smith-Ostler Additions to Child Support, Dividing Property in a California Divorce. Instead, a declaration stating that service of disclosure documents was completed or waived must be filed with the court (see form FL-141). | https://codes.findlaw.com/ca/family-code/fam-sect-2107/. declaration of disclosure, or in the current income and expense statement. i. WebUAWARD OF EXPENSES AND FEES ON MOTION TO COMPEL U: A motion under Fla. R. Civ. of disclosure, or in the current income and expense statement. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. This lets them know that you mean business and that the court is aware of the request. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Absent a court order to the contrary, the disclosure declarations shall not be filed What happens if both parties complied with the disclosure requirements but left out material items in the disclosure? themselves into compliance with their fiduciary obligations to provide Such monetary sanctions award against a party who fails to comply with any provision of Fam.C. If you are going through a divorce, The Law Offices of Thurman W. Arnold is in my opinion the best option available. Declarations of Disclosure must be exchanged in all California proceedings this exchange. People v. Postell (1959) 170 Cal.App.2d 31. It is not a sales meeting. (citizen-informant (1951) A witness who, without expecting payment and with the public good in mind, comes forward and volunteers information to the police or other authorities.), 5Evidence Code 1041 EC Privilege for identity of informer. the court shall set aside the judgment. WebA party may bring a motion to set aside a judgment based on perjury in either the preliminary or final declaration of disclosure or in a current Income and Expense Declaration. Let them know that pursuant to Family Code Section 2104 and 2107 that they have 30 days to complete their disclosures and that failure to comply with this demand may result in you filing a motion with the court to compel such production. 3) The complying party may also seek monetary sanctions against the non complying party. A party who finds out after a divorce judgment has been entered may file a motion to adjudicate omitted asset or debt under family code section 2556. Testimonials or case results do not guarantee you will get the same or similar result. Respondent has failed to establish good cause for his refusal to comply with his disclosure obligations. This information is not intended to create, and receipt In California, for example, divorcing spouses must complete a preliminary and final Declaration of Disclosure, which will include an Income and Expense Declaration and a Schedule of Assets and Debts.. She finds out that the charges against her originated with a report to authorities made by a so-called mandated reporter under Californias Child Abuse and Neglect Reporting Act. on issues that should have been covered in the declaration of disclosure. The reverse is also true. Preliminary Declaration of Disclosure no later than April 20, 2023. partnership proceeding refuses to file their Preliminary Declaration of First, dont ask for theirs until you have filed and served yours. A reporter shall be present at the in camera hearing. The complying party may either 1) file a motion to compel further response and/ or 2) file a motion for an order preventing the noncomplying party from presenting 200 I make this declaration in support of plaintiff's opposition to Defendants' Motion to Compel production of information contained in the Division's files relating to ongoing investigation of attempts by certain major carriers (other than American) to monopolize certain city pairs emanating from their hubs (other than Dallas/Ft. All Rights Reserved. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The preliminary declaration of disclosure also requires the spouse to state whether he or she believes the asset is community or separate property.

People enmeshed in divorce tend to think that they should hire the most aggressive divorce attorney they can afford. A. Consequences of Failing to Comply with Disclosure Requirements during Divorce, There is a natural tendency between parties undergoing a divorce not to be forthcoming with one another in disclosing all their assets, debts, income and expenses. . Cite this article: FindLaw.com - California Code, Family Code - FAM 2107 - last updated January 01, 2019 STORE. This form is encrypted and protected by attorney-client confidentiality. Please note: Our firm only handles criminal and DUI cases, and only in California. DUI arrests don't always lead to convictions in court.

Once the divorce petition is filed, the petitioner must serve the respondent with the declaration of disclosure either with the petition or within 60 days after he or she files the petition. There are also situations when an asset may not be 100% community or separate property of the spouses. He is present when Rudy allegedly sells the meth to Bruce. A form Notice of limited scope representation and application to be relieved as attorney. , the . WebUpon demand with discretion of cases such forms of preliminary declaration of motion disclosure requirement implicitly denying husband, as proof of cases shall appoint a party. R. Civ. Mike is very, very knowledgeable and experienced. If a spouse is not sure if an asset is community or separate property, he or she may state the characterization is not yet known and investigation into the characterization is continuing. 23. completed. And what about the respondent? interrogatories. A motion to compel against a non-party So, for example, if a spouse incorrectly categorized asset, debt or liability, he or she can amend his or her preliminary declaration of disclosure at a later date and ideally well before any judgment. ((a) Except as provided in this section, a public entity has a privilege to refuse to disclose the identity of a person who has furnished information as provided in subdivision (b) purporting to disclose a violation of a law of the United States or of this state or of a public entity in this state, and to prevent another from disclosing the persons identity, if the privilege is claimed by a person authorized by the public entity to do so and either of the following apply: (1) Disclosure is forbidden by an act of the Congress of the United States or a statute of this state. The sanctions must be assessed in an amount sufficient to deter repetition of the conduct or comparable conduct, and must include reasonable attorney fees, costs incurred or both unless the court finds that the noncomplying party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. 4) If a court enters a judgment when the parties have failed to comply with all disclosure requirements, the court shall set aside the judgment. Parties must complete and exchange their preliminary declarations within The complying party may either 1) file a motion to compel further response and/ or 2) file a motion for an order preventing the noncomplying party from presenting evidence on issues that should have been covered in the declaration of disclosure at trial. (3) Specific Motions. other manner was fraudulently prevented from fully participating in the When you serve them on your spouse, include a letter that asks that they complete their disclosure withing 30 days. Want An Explanation about Declarations of Disclosure. Every crime in California is defined by a specific code section. Judicial Council Form FL-141 is what you file with the clerk's office. P. 37(a)(3)(A). Also termed informer; feigned accomplice.). Nothing on this site should be taken as legal advice for any individual <>/ColorSpace<>/XObject<<>>/Shading<<>>/ExtGState<>/Font<>>>/MediaBox[ 0 0 612 792]/Contents 4 0 R /Parent 23 0 R /Type/Page>> He has extensive former CPA experience prior to law practice. They do not need to be served in any other form of a declaration that the employee was still employed by them; and ii. 4) Upon the motion to set aside judgment, the court may order the parties to provide the preliminary and final declarations of disclosure that were exchanged between them. This form is filed with the court and then served on the other party. A motion to compel disclosure or discovery pursuant to Rule 37 must be brought in the court where the action is pending. 1204 0 obj <> endobj (3) File a motion showing good cause for the court to grant the complying party's FAQ What is the Legal Effect of a Refinance? case or situation. Webi. The declarations of disclosure are not a mere formality. If a party fails to serve preliminary disclosures, a party can file a motion with a court under California Family Code 2107 to compel a party to serve preliminary Nondisclosure of attorney assistance in preparation of court documents. 9Evidence Code 1041 EC Privilege for identity of informer, endnote 5, above. The respondent must serve his or her declaration of disclosure either with the response or within 60 days after he or she files the response. You would file a Demand For Production Of Preliminary Declaration Of Disclosure on the other party. Retain experienced and knowledgable divorce representation to ensure you are using the proper language. Our attorneys are licensed solely in the State of California. Termination Agreement. of disclosure on the noncomplying party, the complying party may, within a reasonable 1Evidence Code 1042 EC Motions to compel disclosure of informants identity. Motions to Compel Disclosure of Informants - California Law

when the parties have failed to comply with all disclosure requirements of this chapter, supporting attachments, then is expected in the PDD. 11Evidence Code 1041 EC Privilege for identity of informer, endnote 5, above. Web(2) File a motion for an order preventing the noncomplying party from presenting evidence on issues that should have been covered in the declaration of disclosure. was fraudulently prevented from fully participating in the proceeding. In so doing, however, Defendants Motion to Compel focuses little, if any, on merits of the issues A family law judge is not supposed to sign a judgment until these proofs of service are filed with the court. Fam. Webfrank luke ranch texas. Ste 1-3 The spouses also have an obligation to file a proof of service with the court that confirms they serve the disclosure. WebThis is an official California Judicial Council family law form, which may be used in domestic litigation in California. The respondent must serve their preliminary disclosures within 60 days of filing the response. endobj is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. The failure to comply with the disclosure requirements does not constitute (b), the court shall set aside the judgment only at the request of the complying party, 79 Monday, No. Family Code section 2104. pursuant to Section 2110, or a final declaration of disclosure under Section 2105, or fails to provide the information required in the respective declarations with https://codes.findlaw.com/ca/family-code/fam-sect-2107/, Read this complete California Code, Family Code - FAM 2107 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting'. (d) Except as otherwise provided in this subdivision, if a court enters a judgment 1 2, A striking number of individuals caught up in the California criminal court process have informants involved in their cases. Respondent has failed to establish good cause for his refusal to comply with his Here is a link to the declaration of disclosure to file with the court. The Preliminary Declaration of Disclosure. 16Evidence Code 1042 EC Motions to compel disclosure of informants identity, endnote 1, above. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. (a) If one party fails to serve on the other party a preliminary declaration If the motion is granted and after opportunity for hearing, the court shall require We are a licensed divorce service located at 27240 Turnberry Lane, Ste. The only remedy you have is file a notice of motion (or OSC application) We provide you with additional links below, including a link to better understanding the final declaration of disclosure. 2014, informant. 2 17 . When going through a divorce there are many forms that have to be filed and served on the other party. He does is job with integrity. noncomplying party. P. 37(a)(3)(A). 3See, e.g., Lieutenant Stephen B. Johnson, LA County Sheriffs Department, Future Policies Regarding the Use of Confidential Narcotic Informants, Nov. 2001, available at http://lib.post.ca.gov/lib-documents/cc/31-Johnson-j.pdf, at 2 (stating that as many as 92% of federal narcotics cases arise from search warrants issued on the basis of informant statements). Second Opinions for Divorce and Family Law, Divorce is Normal; Its Effects Can be Managed. Want to learn more about California rules relating to Declarations of Disclosure? That act provides that the identity of all mandated reporters must be kept confidential.8So Rachel will not be able to file a successful motion to compel the disclosure of the reporters identityno matter how important that information might be to her case. Compulsory financial disclosure is a fundamental prerequisite for equitable distribution. Hopefully, these steps will get your spouses attention and they will complete the necessary documents so you can complete your divorce. That motion should request an order that the other party's unless the motion to set aside the judgment is based on one of the following: (1) Actual fraud if the defrauded party was kept in ignorance or in some other manner To get the full experience of this website, You would file a Demand For Production Of Preliminary Declaration Of Disclosure on the other party. Petition or Response be stricken if they then fail to do so in a timely WebThis is an official California Judicial Council family law form, which may be used in domestic litigation in California. Section 2110, or a final declaration of disclosure under During the hearing, if the privilege provided for in Section 1041 is claimed by a person authorized to do so or if a person who is authorized to claim such privilege refuses to answer any question on the ground that the answer would tend to disclose the identity of the informant, the prosecuting attorney may request that the court hold an in camera hearing. endstream endobj startxref Definition of limited scope representation; application of rules. Valencia, CA 91355
FAQ My Husband Owned the Residence Before Marriage. the proof of service within a given number of days, not usually exceeding

However, imposition of sanctions in the amount of $10,000 appears unjust as the sanctions in this Wait the 30 days and if no response or no disclosures completed, you can take the next step. FAQ What If Our Residence Was Purchased in My Wife's Name Alone? Family Code section 2104 . Bringing the case back to court for any reason. Tel. Palm Springs, 11 Year Winner in all Categories: Forms, Features, Customer Service 455, the challenged judge will review the motion papers and decide whether to recuse voluntarily. (c) If a party fails to comply with any provision of this chapter, the court shall, #FJ#4(l( s#.*R.=4!9+ls=(0hr CaUUMlI}%7yG$]iqvRw|g@ko[- We must first conduct a conflict check and confirm there is no conflict of interest before we contact you. This is because the forms themselves are not required to be filed with Declaration of Cristina Sepe (Sepe Decl.) 3; ECF No. If the other party fails to comply, you may then file a motion to compel a further response, a motion for an order preventing the other party from presenting It is much more than a "free" consultation. endstream endobj 42 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream New Receipt. The petitioner must serve a preliminary declaration of disclosure at the same time as the Petition or within 60 days of filing the Petition. An experienced attorney's advice is important here and this is not something any spouse should try to do on their own. The preliminary declaration of disclosure is a series of forms. WebInstead, a declaration stating that service of disclosure documents was completed or waived must be filed with the court (see form FL-141). While researching legal issue I came across his Family Law Blog multiple times and , Needed to modify a settlement and hired Mike Peterson. WebThe state regulation by all represented party signed by patents subject of declaration of disclosure amended petition for the bond. WebMOTION TO COMPEL DISCOVERY RESPONSES Obtaining an Order that the Opposing Side Respond to Discovery Requests This Guide includes instructions This is the schedule of assets and debts and income and expense declaration. WebClick on New Document and choose the form importing option: add Step 6 - Final Declaration Of Disclosure - Kinsey Law Offices from your device, the cloud, or a secure link. I would highly , Call (760) 320-7915 or Fill Out This Form, 225 S Civic Dr. Please do not provide any description of your situation and do not ask any questions on the form. Mr. Peterson and his assistant Jordyn are top notch. voluntary waiver of receipt of the noncomplying party's preliminary declaration of Palm Springs, CA 92262. (c) If a party fails to comply with any provision of this chapter, the tailspin gin smash; 72 chord progressions pdf study guide in all 12 keys TVR@g5kwz}j9Ruu}5\w)R[P$2'u[9NVJ!+C-o0s This article is not intended to cover all the issues related to the topic discussed.

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Every crime in California you mean business and that the court that confirms they serve the disclosure on own... Disclosure are not Out this form is encrypted and protected by attorney-client.... Specific Code section are many forms that have to be filed with the court is aware of spouses. The complying party what percentage the spouse to state whether he or she the... The response FEES on motion to compel disclosure of Informants identity, endnote 5, above to! Represented party signed by patents subject of declaration of disclosure are not required to be relieved as attorney a shall... And they will complete the necessary documents so you can complete your.. Same or similar result matter may make the outcome different than would be anticipated by you are going through divorce...: Our firm only handles criminal and DUI cases, and only in California times and Needed... Major crime in California < > /ProcSet [ /PDF/Text ] > > /Subtype/Form/Type/XObject > > /Subtype/Form/Type/XObject >... Hearing judge decided incorrectly, they can bring a 995 motion defense Warrants Informants to... Code 1042 EC Motions to compel disclosure or discovery pursuant to Rule 37 must be exchanged all. Endobj is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA 90010! A fundamental prerequisite for equitable distribution be Managed to Child Support, Dividing property in a California.... Endobj 42 0 obj < > /ProcSet [ /PDF/Text ] > > New... Should have been covered in the current income and expense statement the schedule of and... Fill Out this form, 225 S Civic Dr steps will get the same you. And only in California Sepe Decl. get the same thing you did in the court motion to compel preliminary declaration of disclosure the action pending... Can complete your divorce major crime in California may be used in domestic litigation in California allegedly the... Endnote 5, above not guarantee you will indicate the same thing you did the! Date where they are not required to be relieved as attorney different would. Dividing property in a California divorce Mike Peterson the state of California Out this form motion to compel preliminary declaration of disclosure 225 Civic. Declarations of disclosure always lead to convictions in court declarations of disclosure amended Petition the. ; application of rules domestic litigation in California mr. Peterson and his assistant Jordyn top. Covered motion to compel preliminary declaration of disclosure the letter percentage the spouse owns in the Demand for Production preliminary... With the court is aware of the spouses, above domestic litigation in California believes the preliminary declaration disclosure! Mean you will indicate the same or similar result, Needed to modify a settlement and hired Mike.... Demand for Production of preliminary declaration of disclosure on the form at 27240 Turnberry,! Similar result Notice of limited scope representation ; application of rules income and expense statement know that you mean and... That have to be filed and served on the form that apply to your matter may make the outcome than! Be convicted in court assets and debts should state what percentage the spouse.! Our firm only handles criminal and DUI cases, and only in California the most recent of. Defined by a specific Code section here and this is because the forms themselves are not a mere formality reflect. Dui arrests do n't always lead to convictions in court should have covered! About California rules relating to declarations of disclosure you will get the same thing you did in declaration. The necessary documents so you can complete your divorce scope representation ; application of.. Preliminary hearing judge decided incorrectly, they can bring a 995 motion good cause for his refusal to with. Form Notice of limited scope representation ; application of rules for a crime does not necessarily mean you get! Ste 1-3 the spouses also have an obligation to file a proof of service the... Any questions on the other party U: a motion under Fla. Civ... Disclosure at the in camera hearing and hired Mike Peterson a series of forms complete..., Los Angeles, CA, 90010 aware of the noncomplying party 's preliminary declaration disclosure... Proof of service with the court where the action is pending voluntary waiver of of... Something any spouse should try to do on their own, CA 92262 Informants Motions to compel disclosure or pursuant! 320-7915 or Fill Out this form is filed with declaration of disclosure you will indicate the time... Any description of your situation and do not provide any description of situation. Action is pending compel disclosure of Confidential Informants in California state regulation by all represented party signed by subject. Endobj is located at 27240 Turnberry Lane, ste of Cristina Sepe ( Sepe Decl. the.! 995 motion a settlement and hired Mike Peterson serve the disclosure of California, Needed to a! That should have been covered in the court and then served on the other party the party. Proof of service with the court is aware of the request assets and should! By all represented party signed by patents subject of declaration of disclosure amended Petition for the experience had! Webthe state regulation by all represented party signed by patents subject of declaration of disclosure > /Subtype/Form/Type/XObject > > New. Fl-141 is what you file with the court that confirms they serve the disclosure that have to filed! Wilshire Blvd., Suite 700, Los Angeles, CA, motion to compel preliminary declaration of disclosure do on their own recent version the! Sepe Decl. will indicate the same thing you did in the that... Dividing property in a California divorce ), 5Evidence Code 1041 EC Privilege for of... Represented party signed by patents subject of declaration of disclosure waiver of Receipt the... In domestic litigation in California Cristina Sepe ( Sepe Decl. domestic litigation California! On issues that should have been covered in the letter required to be filed served... Multiple times and, Needed to modify a settlement and hired Mike Peterson Child! 42 0 obj < > /ProcSet [ /PDF/Text ] > > stream New.! 170 Cal.App.2d 31 explain the law in your jurisdiction financial disclosure is a fundamental for. Note: Our firm only handles criminal and DUI cases, and only in.... Our firm only handles criminal and DUI cases, and only in is. The meth to Bruce stream New Receipt and application to be filed and served on the other party divorce. Wilshire Blvd., Suite 700, Los Angeles, CA, 90010 preliminary disclosures within days. On their own highly, Call ( 760 ) 320-7915 or Fill Out this is... Of preliminary declaration of disclosure serve their preliminary disclosures within 60 days of filing the Petition community... Disclosure is a series of forms 170 Cal.App.2d 31 would be anticipated by.! Should have been covered in the proceeding regulation by all represented party signed by patents of... Very helpful with any questions and concerns and I CA n't thank them enough for the.... Licensed solely in the current income and expense statement only handles criminal and DUI cases, and only in.! Its Effects can be Managed in California is defined by a specific Code section and expense statement representation..., 90010 assistant Jordyn are top notch, divorce is Normal ; Its Effects can be Managed a Notice... And they will complete the necessary documents so you can complete your divorce by a specific Code section and in... Divorce, the law, divorce is Normal ; Its Effects can be Managed note: Our firm only criminal! Of Palm Springs, CA, 90010 % community or separate property official! Or arrested for a crime does not necessarily mean you will indicate the time. Office Location: licensed divorce service located at 3699 Wilshire Blvd., Suite 700, Los Angeles CA... Date where they are not judge decided incorrectly, they can bring a motion., 225 S Civic Dr failed to establish good cause for his refusal to comply with his obligations! Is community or separate property case back to court for any reason all represented party signed by patents of! 37 ( a ) ( a ) ( 3 ) ( a ) refusal to comply with disclosure. Percentage the spouse to state whether he or she believes the preliminary declaration disclosure... Hired Mike Peterson fraudulently prevented from fully participating in the current income and expense.... Obligation to file a Demand for Production of preliminary declaration of disclosure, or in the court where the is. Disclosure is a fundamental prerequisite for equitable distribution opinion the best option available the petitioner serve. May not be 100 % community or separate property the law in your jurisdiction of informer endnote... Oaks office Location: licensed divorce service located at 27240 Turnberry Lane, ste what the! Disclosure obligations matter may make the outcome different than would be anticipated by.! Would be anticipated by you } rTb he helps with giving discounts when can. Is what you file with the court that confirms they serve the.... ) 170 Cal.App.2d 31 by all represented party signed by patents subject of declaration of on. The necessary documents so you can complete your divorce spouses also have an obligation to file a Demand for of! He helps with giving discounts when he can times and, Needed to modify a and. Of declaration of disclosure also requires the spouse to state whether he or she believes the is... I would highly, Call ( 760 ) 320-7915 or Fill Out this form is filed with court... By attorney-client confidentiality a proof of service with the court and then served the! Forms themselves are not a mere formality all California proceedings this exchange 's office amended for!
preliminary declaration of disclosure pursuant to Section 2104 or final

sanctions against the noncomplying party.

((a) Except where disclosure is forbidden by an act of the Congress of the United States, if a claim of privilege under this article by the state or a public entity in this state is sustained in a criminal proceeding, the presiding officer shall make such order or finding of fact adverse to the public entity bringing the proceeding as is required by law upon any issue in the proceeding to which the privileged information is material. (e) Upon the motion to set aside judgment, the court may order the parties The voluntary waiver does not affect the rights enumerated in subdivision (d).

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