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Name Category Published
Guardianship of Christian G.
Probate court errs in granting guardianship of child without referring case to Child Protective Services as required under statute.
Family Law Jun. 1, 2011
Marriage of Howell
Court errs in applying amended statute retroactively to invalidate spousal support waiver, which party entered into voluntarily.
Family Law May 25, 2011
Adoption of B.C.
Action to set aside adoption based on extrinsic fraud is time-barred because it was not filed within three years of adoption order.
Family Law May 23, 2011
Marriage of Valli
Court mischaracterizes life insurance policy purchased during marriage as community property where wife took sole title with husband’s consent.
Family Law May 19, 2011
Kevin Q. v. Lauren W.
Court properly considers funds regularly received by former wife as ‘income’ for purposes of determining whether attorney fees should be awarded.
Family Law May 16, 2011
Guardianship of Christian G.
Probate court errs in granting guardianship of child without referring case to Child Protective Services as required under statute.
Family Law May 13, 2011
Marriage of Davenport
Substantial evidence supports sanctions award under Family Code Section 271 where attorney increased litigation costs and mistreated opposing counsel.
Family Law May 6, 2011
Marriage of Greenberg
Husband’s appeal, which was based on facts not credited by trial court following sanction order, is frivolous.
Family Law Apr. 29, 2011
Mark T. v. Jamie Z.
When parent makes request to relocate child, court must consider custody arrangement in minor’s best interest, not whether parent is permitted to move.
Family Law Apr. 29, 2011
Marriage of Ruiz
Portion of workers' compensation permanent disability award received during marriage, which is intended to pay for lost earnings, is community property.
Family Law Apr. 17, 2011
F.T. v. L.J.
Custodial parent does not have presumptive right to change child’s residence absent final determination of custody arrangement.
Family Law Apr. 6, 2011
Marriage of Fong
Spouse is not ‘complying’ party where she fails to serve final declaration of disclosure before motion for monetary sanction in dissolution proceedings.
Family Law Apr. 5, 2011
C.F., a Minor
Beneficial parent-child relationship exception to adoption preference does not apply where parent did not occupy parental role in children's lives.
Family Law Mar. 17, 2011
Marriage of Duris
Court errs in awarding sanctions during modification of child support hearing without giving party notice that sanctions were at issue.
Family Law Mar. 15, 2011
Marriage of Kochan
Court’s order of spousal support is improper when based on increased earning capacity if spouse took retirement, rather than actual earnings.
Family Law Mar. 10, 2011
Marriage of Fong
Spouse is not ‘complying’ party where she fails to serve final declaration of disclosure before motion for monetary sanction in dissolution proceedings.
Family Law Mar. 4, 2011
Marriage of Fossum
Court errs in refusing to awarding attorney fees to aggrieved spouse who was victim of breach of fiduciary duty by other spouse.
Family Law Feb. 25, 2011
Marriage of Fossum
Court errs in refusing to awarding attorney fees to aggrieved spouse who was victim of breach of fiduciary duty by other spouse.
Family Law Feb. 11, 2011
Marriage of Fossum
Court errs in refusing to awarding attorney fees to aggrieved spouse who was victim of breach of fiduciary duty by other spouse.
Family Law Jan. 31, 2011
T.P. v. T.W.
Mother is 'interested person' who has standing to commence proceeding to free her child from custody and control of father.
Family Law Jan. 25, 2011
Marriage of Fernandez-Abin
State court must determine jurisdiction over domestic violence proceedings under Uniform Child Custody Jurisdiction and Enforcement Act, where foreign court has issued previous custody orders.
Family Law Jan. 13, 2011
Marriage of Cantarella
Registration of marriage certificate is not vital to marriage’s validity under Family Law Act as long as couple consented to marriage.
Family Law Jan. 11, 2011
Marriage of Cadwell-Faso
Seven-day waiting period required for premarital agreement to be enforceable is not applicable to party represented by counsel from outset.
Family Law Jan. 11, 2011
Kevin R. v. Superior Court (San Diego County Health and Human Services Agency)
Juvenile court does not improperly delegate authority to order visitation to parole officer, who would not permit additional visitation with child.
Family Law Jan. 6, 2011
Marriage of Goodman and Gruen
Trial court does not have jurisdiction to retroactively modify temporary spousal support order where party fails to appeal order once operative.
Family Law Jan. 4, 2011
Schelb v. Stein
Trust deed securing note issued in relation to family law judgment expires under Marketable Record Title Act despite Family Code provision.
Family Law Dec. 19, 2010
Marriage of Stanton
Federal preemption does not prohibit inclusion of military allowances as ‘income’ for purposes of calculating family support.
Family Law Nov. 25, 2010
Kircher v. Kircher
Surviving spouse is liable to decedent spouse's former wife for support payments in amount not exceeding fair market value of property held in joint tenancy.
Family Law Nov. 4, 2010
Marriage of Straczynski
Where party subject to conservatorship files dissolution petition, court must ask if conservatee can express intent to dissolve marriage based on irreconcilable differences.
Family Law Oct. 25, 2010
Marriage of Sivyer-Foley
Community is entitled to share of partnership distributions earned before couple’s separation, despite distribution made after separation.
Family Law Oct. 21, 2010