Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B292570
|
County of Los Angeles v. Christopher W.
Those who are biologically responsible for the child's existence should bear the burden of the expense that its existence necessitates, regardless of another person performing fatherly duties. |
Family Law |
|
F. Rothschild | Nov. 5, 2019 |
D071379
|
Marriage of Deluca
Property was community property because contract transferring title to husband from his sister did not operate as instrument of devise that changed property from his sister's inherited property to his inherited property. |
Family Law |
|
W. Dato | Nov. 1, 2019 |
H045428
|
Marriage of Lee and Lin
A spouse can demonstrate conduct consistent with intent to dissolve a marriage with acts such as moving from the family home, ceasing holiday celebrations, and ceasing vacations. |
Family Law |
|
A. Grover | Nov. 1, 2019 |
D075278
|
In re M.S.
Imperial County Department of Social Services did not establish unknown whereabouts of minor's mother to support juvenile court setting a Welfare and Institutions Code Section 366.26 hearing. |
Family Law |
|
R. Huffman | Oct. 31, 2019 |
B288233
|
Marriage of Bittenson
After Family Law Attorney's Real Property Lien is recorded, Family Code Section 2034(c) vests the family law court with jurisdiction to resolve any dispute arising from its existence. |
Family Law |
|
K. Yegan | Oct. 23, 2019 |
A154915
|
Marriage of Goodwin-Mitchell and Mitchell
Judgment of nullity based on fraud under Family Code Section 2210(d) must be reversed because the parties continued to cohabit long after husband's infidelity was discovered. |
Family Law |
|
P. Siggins | Sep. 26, 2019 |
E070578
|
In re A.E.
Under California Penal Code Section 361.5(c)(2), reunification services will not be provided if by clear and convincing evidence it is not in the child's best interests. |
Family Law |
|
F. Menetrez | Aug. 23, 2019 |
H045093
|
S.C. v. G.S.
Under Family Code Section 3603 and 2692, child support payments may not be modified retroactively and trial courts lack the authority to make such modifications. |
Family Law |
|
A. Danner | Aug. 12, 2019 |
B295083
|
In re E.W.
California court was not divested of jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act Section 3422(a)(1) because mother failed to establish all required conditions. |
Family Law |
|
E. Grimes | Jul. 31, 2019 |
H045899
|
Marriage of Ankola
Family Code Section 6305(a)(1) precludes the court from granting a mutual restraining order unless both parties appear before the court and submit evidence with the mandatory form. |
Family Law |
|
E. Premo | Jun. 21, 2019 |
A154755
|
Greiner v. Keller
Family Code Section 4062 requires trial court to order award for childcare costs related to parent's reasonably necessary education or training to secure fully self-supporting employment; thus, denial of request reversed. |
Family Law |
|
I. Petrou | Jun. 18, 2019 |
H040611
|
Marriage of Miotke
Appellant failed to raise the issue of unconscionability of a premarital agreement at the time of enforcement, and thus she could not raise the issue on appeal. |
Family Law |
|
M. Greenwood | May 30, 2019 |
B288730
|
Lugo v. Corona
The Domestic Violence Prevention Act allows for both criminal and civil protective orders to coexist; thus, the trial court erred in denying plaintiffs domestic violence restraining order request. |
Family Law |
|
A. Collins | May 30, 2019 |
D073667
|
In re Marriage of George & Deamon
The family court did not err in awarding sanctions based on declaration and documentary evidence alone; thus, the order is affirmed. |
Family Law |
|
J. Irion | May 20, 2019 |
D074529
|
In re Marriage of Kent
At the time it ruled, family court lacked jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act to modify North Carolina order; thus, family court's order reversed. |
Family Law |
|
J. Irion | May 20, 2019 |
E070576
|
In re H.D.
Although mother failed to communicate with and financially support daughters for over a year while getting clean and sober, she did not intend to abandon them; thus, termination of parental rights reversed. |
Family Law |
|
M. Slough | May 10, 2019 |
D074172
|
County of San Diego Dept. of Child Support Services v. C.A.
Under Family Code Section 3951(a), parent is not obligated to compensate relative for voluntary support of parent's child, but once relative has legal physical custody, support is no longer voluntary. |
Family Law |
|
R. Huffman | Apr. 24, 2019 |
G055885
|
N.T. v. H.T.
Knowing violations of a TRO justified issuing a domestic violence restraining order (DVRO), and the particular acts alleged would have independently qualified as abuse supporting the issuance of a DVRO. |
Family Law |
|
R. Fybel | Apr. 23, 2019 |
H044754
|
Look v. Penovatz
Family Code Section 3950 does not apply if child support is being paid by the parent from whom reimbursement is being sought. |
Family Law |
|
M. Greenwood | Apr. 10, 2019 |
D073403
|
County of San Diego Dept. of Child Support Services v. C.P.
Current Family Code Section 4007.5 applies only to child support orders issued or modified on or after October 8, 2015 and does not save statutory protections of former Section 4007.5. |
Family Law |
|
J. Irion | Apr. 9, 2019 |
B282014
|
Molinaro v. Molinaro
Piece of restraining order forbidding Facebook posts about divorce are unconstitutionally overbroad prior restraints. |
Family Law |
|
Apr. 1, 2019 | |
H043467
|
Marriage of Brooks
Substantial evidence supported trial court's finding that contributions of others, rather than Husband's contributions, caused increase in business's value after date of marriage; thus, 'Van Camp' apportionment method was properly applied. |
Family Law |
|
M. Greenwood | Mar. 29, 2019 |
H044451
|
Marriage of Oliverez
At dissolution of marriage, it is in the trial court's discretion to set a property valuation either at the time of remand or at the date of trial |
Family Law |
|
M. Greenwood | Mar. 27, 2019 |
E070089
|
Marriage of C.T. and R.B.
Courts considering changing physical custody of a child shall consider factors stated in *In re Marriage of LaMusga* and decline relocation if it is not in the child's best interest. |
Family Law |
|
C. Codrington | Mar. 21, 2019 |
E069481
|
Marriage of Martin
Family Code section automatically terminating spousal support when receiving spouse remarries has no effect where parties waive the statute by leaving box unchecked in support agreement giving effect to section. |
Family Law |
|
A. McKinster | Mar. 12, 2019 |
B272039
|
Marriage of Ciprari
Direct tracing and exhaustion tracing are not the two 'exclusive' methods of tracing under California. Instead, tracing methods may vary depending on the facts in each case. |
Family Law |
|
B. Currey | Feb. 8, 2019 |
D074260
|
In re M.F.
A court may find that reasonable services were not provided or offered when services were not accessible, delays in providing services occurred or the services were not appropriately tailored to a parent's needs. |
Family Law |
|
G. Nares | Feb. 7, 2019 |
B281760
|
Marriage of Anka & Yeager
If an attorney intentionally asks numerous questions that disclose confidential information from a custody evaluation report, that attorney can be sanctioned under Family Code Section 3111(f). |
Family Law |
|
A. Gilbert | Feb. 6, 2019 |
B283457
|
Perow v. Uzelac
Under Family Code Section 213, a party does not change or expand the message - and hence does not seek affirmative relief - if a party is only seeking costs. |
Family Law |
|
B. Hoffstadt | Feb. 4, 2019 |
H045427
|
Guardianship of C.E.
Consolidation of a guardianship proceeding into an adoption proceeding is mandatory under Family Code Section 8802(d) when a petition for adoptions arises after a child is the subject of a guardianship petition. |
Family Law |
|
M. Greenwood | Feb. 4, 2019 |