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Marriage of Geraci
Where evidence was insufficient to prove general partnership existed between husband and wife, post-separation earnings were not community property.
Family Law Nov. 22, 2006
Lewis v. Alfaro
Order
Family Law Nov. 17, 2006
Corder v. Corder
Decedent's surviving wife is only entitled to ten percent of wrongful death action settlement proceeds, based on spousal support principles.
Family Law Nov. 17, 2006
Joshua S., a Minor
Adoptive parent was not entitled to attorney fees under 'private attorney general' doctrine.
Family Law Nov. 17, 2006
Nickolas F. v. Superior Court (San Diego County Health and Human Services Agency)
Denial of family reunification services is proper where father was involved in prior incident of child abuse.
Family Law Nov. 13, 2006
Marriage of Deffner
Court may utilize its equitable powers to set aside divorce judgment that was procured by fraud perpetuated against court.
Family Law Nov. 8, 2006
Marriage of Balcof
Spouse's failure to rebut presumption of undue influence associated with signing of transmutation rendered writing unenforceable.
Family Law Nov. 6, 2006
Velez v. Smith
California Domestic Partner Rights and Responsibilities Act requires registration with state as prerequisite for pursuing dissolution action.
Family Law Nov. 5, 2006
de Leon v. Jenkins
Because former wife could not have objected to understatement of arrears at time of child support registration, she could object later on this ground.
Family Law Nov. 5, 2006
John M., a Minor
In child custody case, juvenile court improperly found that child's placement with father would be detrimental.
Family Law Nov. 2, 2006
Hannah S., a Minor
Petition to terminate parental rights is improperly denied where court failed to consider all evidence regarding custody and damage to minor.
Family Law Nov. 1, 2006
Gabriel P. v. Suedi D.
Court improperly declined presumed father claim where voluntary declaration of paternity was executed.
Family Law Oct. 25, 2006
Marriage of Erickson
Court has jurisdiction to order husband to pay attorney fees directly to law firm which previously represented former wife.
Family Law Oct. 23, 2006
Amy G. v. M.W.
Wife cannot establish she is presumed mother where child was born out of husband's extramarital affair.
Family Law Oct. 22, 2006
Marriage of Fellows
In child support case, payments were properly ordered where Family Code Section 4502(c) applies retroactively to bar laches defense.
Family Law Oct. 20, 2006
Marriage of Cauley
Where former wife was convicted of intraspousal domestic violence, husband's motion to terminate spousal support to her is properly granted.
Family Law Oct. 17, 2006
Levin v. Ligon
Settlement of legal malpractice action in which husband asserted loss of marital assets estopped him from claiming community property interest in assets.
Family Law Oct. 16, 2006
Baby Boy M., a Minor
Court lacked jurisdiction to make custody determination for child missing since birth and allegedly in another state.
Family Law Oct. 16, 2006
E.H., a Minor
Mother's sufficiency of evidence challenge is rejected where court found Indian Child Welfare Act inapplicable to her minor child.
Family Law Oct. 15, 2006
John M., a Minor
In child custody case, juvenile court improperly found that child's placement with father would be detrimental.
Family Law Oct. 15, 2006
Ann S., a Minor
Probate Code Section 1516.5 sets forth valid constitutional scheme for protecting child's need for stability at expense of parental rights.
Family Law Sep. 27, 2006
Marriage of Walker
Amended Family Code Section 721 should not be applied retroactively to penalize wife.
Family Law Sep. 26, 2006
Marriage of Nelson
Trial court erred when it factored rental value of marital home into 'Moore/Marsden' calculation of community's interest in home.
Family Law Sep. 12, 2006
Marriage of Shaughnessy
Ex-husband was not obligated to provide further support to former wife who failed to take steps to become self-supporting.
Family Law Sep. 8, 2006
Summer H., a Minor
Juvenile court's denial of mother's motion to appoint legal guardian was not proper where court, not department, decides best interests of child.
Family Law Sep. 8, 2006
Marriage of Burkle
Court's order finding post-marital agreement valid was proper where there was no presumption of undue influence from execution of agreement.
Family Law Sep. 7, 2006
Francisco W., a Minor
Appellate court upholds practice of limited remands in Indian Child Welfare Act cases to instruct juvenile court to correct notice defect.
Family Law Sep. 7, 2006
Ross v. Figueroa
In domestic violence case, court improperly denied party automatic continuance under Family Code when proper notice had not been provided.
Family Law Sep. 7, 2006
Amber R. v. Superior Court (Orange County Social Services Agency)
Biological mother whose parental rights were terminated did not have standing to seek order providing for continued contact with child.
Family Law Sep. 7, 2006
Marriage of Seagondollar
Before making custody decision allowing parent to move children out of state, court must allow both parents opportunity to be meaningfully heard.
Family Law Sep. 7, 2006