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Name Category Published
Marriage of Herr
Trial court exceeds inherent authority where grant of reconsideration effectively ordered new trial.
Family Law Jun. 18, 2009
Enrique M. v. Angelina V.
Strict scrutiny does not apply in custody-related dispute between parents concerning choice of school for child.
Family Law Jun. 11, 2009
Keith R. v. Superior Court (H.R.)
Court errs by applying 'changed circumstance' standard in custody case involving domestic violence finding.
Family Law Jun. 9, 2009
S.W. v. Superior Court (Orange County Social Services Agency)
Father's one telephone call to child is insufficient to require continuation of reunification services at six-month review hearing.
Family Law May 27, 2009
Marriage of Lund
Valid transmutation of separate property occurs where adversely affected party unambiguously expressed intent in agreement.
Family Law May 25, 2009
G.W. a Minor
Appointment of stepgrandmother as legal guardian improper where she had criminal conviction that respective agency refused to waive.
Family Law May 20, 2009
Marriage of Nadkarni
Former husband's public disclosure of former wife's private emails constitutes abuse under Domestic Violence Protection Act.
Family Law May 20, 2009
In re E.S., a Minor
Using preponderance of evidence to show 'de facto' parent status for rebuttable presumption of detriment depriving parent of permanent custody is not unconstitutional.
Family Law May 11, 2009
In re. R.M.
Insufficient evidence to support removal of minors who engaged in inappropriate sexual conduct from mother's custody.
Family Law May 6, 2009
Marriage of Hopkins
Levy on bank account to collect child support arrears improper where father is disabled and receiving Social Security disability insurance.
Family Law Apr. 26, 2009
Barron v. Superior Court (Martinez)
Court abuses discretion by ordering parent on CalWORKs plan to quit studies in lieu of securing full-time employment.
Family Law Apr. 26, 2009
Alan S. v. Superior Court (Mary T.)
Pendente lite attorney fee order reversed when court fails to consider all relevant factors per Family Code Section 2030.
Family Law Apr. 17, 2009
Marriage of Corona
Appeal of family court's order confirming arbitration award is improper where court appointed 'special referee' to perform accounting.
Family Law Apr. 8, 2009
Marriage of Dellaria
Oral agreement for division of community property is invalid where parties failed to reduce it to writing or stipulate in court.
Family Law Apr. 6, 2009
Alan S. v. Superior Court (Mary T.)
Pendente lite attorney fee order reversed when court fails to consider all relevant factors per Family Code Section 2030.
Family Law Apr. 3, 2009
Nolan W., a Minor
Juvenile court may not use contempt sanctions as punishment where parent fails to satisfy condition of reunification plan.
Family Law Mar. 31, 2009
Marriage of Rossin
Private disability benefits paid during marriage are separate property where right to benefits was acquired before marriage.
Family Law Mar. 26, 2009
M.L. v. Superior Court (Ventura County Human Services Agency)
Social worker may remove child from mother's custody where there is reasonable cause to believe that child is in imminent danger.
Family Law Mar. 25, 2009
In re Gabriel L., a Minor
Court did not abuse discretion by terminating family maintenance services of parent who evidenced no attempt to improve his situation.
Family Law Mar. 25, 2009
T.S., Jr. v. Superior Court
Pendente lite attorney fee order reversed when court fails to consider all relevant factors per Family Code Section 2030.
Family Law Mar. 20, 2009
Ann S., a Minor
Probate guardianship hearings to terminate parental rights does not require showing of present parental unfitness.
Family Law Mar. 20, 2009
Charlotte D., a Minor
Due process does not protect father facing termination of parental rights after he formally waives rights in guardianship proceeding.
Family Law Mar. 20, 2009
Marriage of Dellaria
Oral agreement for division of community property is invalid where parties failed to reduce it to writing or stipulate in court.
Family Law Mar. 19, 2009
Robert J. v. Catherine D.
Under Family Code Section 3027.1, party must move for sanctions within 60 days of service or within 180 days of judgment.
Family Law Mar. 13, 2009
In re Alter
Despite parties' written agreement, court has power to modify child support order to reduce or increase amount awarded.
Family Law Mar. 3, 2009
D.B. v. Superior Court (Humboldt County Dept. of Health & Human Services)
Denial of reunification services is proper where father failed to comply with court-ordered drug treatment as condition of parole.
Family Law Mar. 2, 2009
Scott v. Superior Court (Childress)
Nonparent does not have standing to gain custody of children by injecting herself into dormant Uniform Parentage Act action.
Family Law Feb. 26, 2009
D.B. v. Superior Court (Humboldt County Dept. of Health & Human Services)
Denial of reunification services is proper where father failed to comply with court-ordered drug treatment as condition of parole.
Family Law Feb. 20, 2009
E.G., a Minor
ICWA notice is not required where paternity test established alleged father was not biological father of minor.
Family Law Feb. 11, 2009
Marriage of Berger
Father who defers salary from unprofitable company while supporting extravagant lifestyle with other assets warrants departure from guidelines for calculating spousal support.
Family Law Jan. 30, 2009