Yearly Archives: 2020

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2020
Dec 30

Court Rules Husband Must Pay $60,000 in Child Support Arrears

This case involved the enforcement of a 2005 registration of a 2001 Minnesota court order for child support arrears. The Sixth District…

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Dec 23

Court Rules Conservatorship for Person with Autism Was Appropriate

In this case, decided on remand from the California Supreme Court’s recent decision in Conservatorship of O.B. (2020) 9 Cal.5th 989, the…

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Dec 16

Mother Wins Custody on Appeal Due to Lower Court’s Mistake

In this case, the Second District reversed a Los Angeles County juvenile court’s summary denial of M’s petition under W&I Code §§388…

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Dec 11

How Long Does a Contested Divorce Take in California?

When a divorce is uncontested, it means that both parties agree to their separation and they can work together enough to get…

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Dec 09

Plaintiffs Win Default Judgement on Appeal Against “Off-Grid” Defendants

In this civil case, the Fourth District reversed an Orange Country trial court who granted the defendants’ motion to vacate a default…

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Dec 02

Court Reverses Child Support Order that Penalized Mother for Interference

In this case, the Fourth District partially reversed a San Diego County Commissioner’s child support order that attributed a nonexistent timeshare percentage…

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Nov 25

Father’s Decision-Making Power Over Daughter’s Healthcare Reinstated

In this case, the Second District affirmed a Los Angeles County juvenile court judge’s order terminating jurisdiction over the child, but vacated…

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Nov 18

Five Types of Spousal Support in California

Just like other states, California has a system of spousal support that divorcing couples must consider. Also known as alimony, spousal support is a…

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Nov 18

Court Dismisses Case At Defendant’s Request Due to Lack of Evidence

In this case, the Fourth District affirmed a Riverside County trial court’s grant of nonsuit. “About two months before trial was scheduled…

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Nov 11

Attorney Disqualified for Relation to Both Appellants

In this case, the Second District affirmed a Los Angeles County trial court’s order granting D’s motion to disqualify P’s attorney—who was…

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Nov 04

Father’s Parental Rights Restored After Loss Due to “Poverty”

In this case, the Fourth District reversed a Riverside County juvenile court judge’s order terminating a father’s parental rights. “This appeal poses…

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Oct 28

Widow Sues Late Husband’s Children Over Inheritance

In this case, “Frank Gomez and plaintiff Louise Gomez rekindled their love late in life, over 60 years after Frank broke off…

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Oct 21

Court Grants Petition Compelling Court to Grant Hearing Within 15 Days

In this case, the Second District granted a petition for a writ of mandate compelling the juvenile court to hold a section…

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Oct 15

Common Law Marriage in California: Everything You Need to Know

Sometimes, state law can consider that a couple is legally married even if they haven’t a ceremony or gone to a courthouse…

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Oct 14

How COVID-19 Affected a Restraining Order Appeal

In this case, the First District dismissed an appeal from two orders resulting from competing requests for civil harassment restraining orders. “Due…

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Oct 05

Court Finds that Husband Wrongly Withheld Proceeds of Home Sale

In this case, the Second District affirmed a Los Angeles County trial court’s judgment on property issues. First, the court affirmed the…

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Oct 01

Grandmother Retains Custody Despite Out-of-State Father’s Request

In this case, filed on August 7 but certified for publication on August 28, the Second District affirmed a Los Angeles County…

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Sep 28

CA Supreme Court Rules with Autistic Claimant Against Conservatorship

O.B. is an adult with autism spectrum disorder whose mother and older sister were appointed conservators of her estate in a limited…

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Sep 24

Mother Granted Custody of Her Child After Year of Foster Care

In this case, the Fourth District affirmed an Orange County juvenile court’s order granting M’s section 388 petition returning three-year-old I.B. to…

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Sep 21

Mother Wins Reunification After Reversal of Earlier Ruling

In this case, filed on May 29 but certified for publication on June 17, the second Division reversed a Los Angeles County…

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Sep 17

Does Bitcoin Need to Be Disclosed in a Divorce?

In this case, filed on August 10 but certified for publication August 27 at the request of ACFLS, the First District affirmed a…

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Sep 15

Can You Request New Alimony Payments in California?

During a divorce in California, alimony—also known as spousal support—is decided using the quality of living each person enjoyed during the marriage. If one…

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Sep 14

Court Reverses Order Miscalculating Community Property Value

In this case, the Fourth District reversed and remanded a Riverside County trial judge’s determination that the community’s interest in Husband’s separate…

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Sep 10

Second District Court Denies Father Custody on Appeal

In this case, the Second District Court affirmed a Los Angeles County juvenile court’s order removing two children from a father’s custody.…

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Sep 07

Mother Challenges Juvenile Court Order Terminating Reunification

In this case, the Fourth District granted M’s petition for a writ challenging an Orange County juvenile court’s order terminating reunification services…

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Aug 31

Can Juvenile Courts Rule on Family Law Cases?

In this case, the Fourth District affirmed a San Bernardino County juvenile court judge’s orders at a combined jurisdictional and disposition hearing.…

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Aug 24

Case Review: Trial Court Rules in Favor of Wife in 3 Separate Appeals

In three consolidated cases, the Sixth District affirmed the trial court’s issuance of a DVRO in Wife’s favor, reversed an order rescinding…

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Aug 20

Case Review: Woman Files Claim for Malicious Lawsuit Brought by Former In-Laws

This is a malicious prosecution action brought by Wife against Husband's parents and their company. During Husband and Wife's divorce, the parents…

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Aug 17

How California Courts Decide a Parent Is Unfit

In California and across the country, family courts operate to protect the best interests of children in divorces, custody disputes, and other family law matters. Most of…

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Aug 12

CA Supreme Court Rules on Community Property in Bankruptcy

In this case, a California Supreme Court majority held: When a married couple uses community funds to acquire property as joint tenants,…

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Aug 12

Case Review: Self-Employment, Tax Deductions & Child Support Calculations

Cite: In re the Marriage of Jessica R. and Martin H. Hein (Cal.App., July 21, 2020, F076581) Full text here. Holding: In…

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Aug 05

Case Review: What Happens to Marriage Property in Post-Divorce Bankruptcy?

In re Clifford Allen Brace, Jr. (Cal. Supreme Court, July 23, 2020, S252473) Full text here. Holding: In this case, a California…

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Jul 21

California, COVID-19, & Divorce: What You Should Know

As California continues to battle COVID-19, life has been put on hold in many ways. If you were considering a divorce before the pandemic…

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Jul 21

What Happens When an Abuser Files a Restraining Order?

Here is a recently published opinion arising from the Orange County Superior Court regarding restraining orders and an OSC re Contempt. This…

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Jul 17

Can Grandparents Win Visitation Based on the Parent’s Custody?

In this partially-published opinion, in which Grandfather “was subject to a 2015 restraining order requiring him to have no contact with his…

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Jul 15

About the Child Abuse Central Index

In many juvenile court matters, one of the tools that the CPS or DCFS will utilize is the Child Abuse Central Index.…

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Jun 17

Debt in Divorce—What Happens to It?

You’re divorcing or considering divorce. You know that you’ll have to divide your property, but what about debt? How is your debt divided, and…

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May 14

Domestic Partnerships Aren’t Just for Same-Sex Couples

Just last year, only same-sex couples could apply for domestic partnerships—unless they were over the age of 62. However, with the passage of State…

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Apr 15

Divorce in California: How Long Do I Have to Be Married to Get Half of Everything?

How Property Is Divided in a Divorce in California You’ve probably heard mention time and time again of “getting half” of everything…

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Mar 18

Why More SoCal Millennials Are Choosing Prenups

Not too long ago, the thought of a prenuptial agreement was somewhat taboo, or reserved for the extremely wealthy. Today, we’re seeing them more…

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Feb 12

At What Age Can a Child Decide Which Parent to Live With?

If you’re divorcing and you have children, then you’re facing a challenging situation: which parent will your child or children live with? This is…

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Jan 22

Can I Put My Divorce on Hold?

If you’re currently going through a divorce in California, you might wonder whether there are any circumstances that would allow for a temporary hold.…

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