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Mar. 15, 2023

Gina N. Policastri

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Lonich Patton Ehrlich Policastri

SAN JOSE - Even in law school, family law issues fascinated Gina N. Policastri. She won the law review editorship at Santa Clara University School of Law with an article about how widely-publicized prenup issues in Barry Bonds' divorce case led the Legislature to alter the California Family Code.

She became one of the first law clerks at the firm that now bears her name. She became the first female equity partner at what is now Lonich Patton Ehrlich Policastri in 2012. "I got my name on the door in 2018," she said, "and by the way, that Barry Bonds article remains relevant today."

Policastri now handles all aspects of family law, including high conflict custody and domestic violence cases, complex business valuation and asset division issues and complicated child and spousal support matters.

Bonds was able to lowball his divorce settlement because he'd had his Swedish-born fiancee, Sun Bonds, sign an agreement the day before they were married in which each waived any interest in the earnings of the other during the marriage. The document was prepared by Bonds' lawyers; Sun Bonds was not represented by counsel. The state Supreme Court in 2000 affirmed that Sun Bonds had signed a valid, voluntary waiver.

Policastri's article described how the Legislature changed the law to require that for prenuptial agreements to be binding, both parties had to be represented by their own lawyers, the deal had to be explained in each partner's native language and each must have seven days to consider the arrangement.

"I just worked on a matter involving a partnership and a contentious prenup between high earners," Policastri said. "The subject of my article was in play. And yes, I'm a big Giants fan. I loved Barry Bonds, though everyone looked at him a little differently after the divorce."

In another recent case, Policastri settled before trial a dissolution action involving complex compensation issues, breach of fiduciary duty claims and separate property claims. "Family law mirrors the Business and Professions Code by holding partners owe the duty of loyalty," she said.

In her recent case, her client, the husband, had arguably dissipated estate assets by using community funds for an extramarital affair. "It was boys-trip-to-Vegas stuff," Policastri said. "That led to reimbursement claims. Fortunately, we were able to settle because there were facts that you would not wish to try in front of a judge."

Policastri said she enjoys her career. "People ask how I can still do it after 20 years," she said. "But I love it, and I'm still happily married with two kids. It's been a fun, exciting ride. I've met my career goals and I can still separate work life from home life."

- JOHN ROEMER

#371602

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