Legal Question in Family Law in California
divorse property division
In my divorse the judge ruled my husbands orthodontic practice had no value since the court ordered forensic cpa used flawed information to determine the value and my cpa relied also on the fornesic cpa's flawed information to determine the value. I filed for a new trial for this error and the judge would not agree. At that time the judge had been demoted to traffic court. So I paid for an appeal which the appeals court confired that is was my responsibility to prove the value of the practice and since I used the flawed information from the forensic cpa the value is zero. The appeals attorney filed for my case to be heard in supreme court but the supreme court would not accept hearing my case. I guess it was to trivial to the supreme court. Is there anything else I can do? Was my attorney at fault? We were ordered to pay the fornsic cpa $7,500 for this flawed evaluation and I have lost half of the value of the practice which would be $100,000 plus $20,000 for the appeal. Do I have civil lawsuit against the cpa's involved or my own attorney for not defending my rights better? The case is listed on Valuation Case Digest on the internet entitled '' Faulty Valuation Resulted in Sucessful Orthodontist Practice Valued at Zero''.
1 Answer from Attorneys
Re: divorse property division
It sounds as if you might have a case of forensic CPA malpractice if you can show the forensic CPA did not meet the standard of care expected of a forensic CPA; and you can prove you would have been awarded half the value of the orthodonture practice if he or she had not done that. In California you would have two years from the date the forensic CPA originally issued his or her opinion, or possibly two years from the day the family law judge disallowed his testimony. Act quickly.
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