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Daily appellate reports
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Name Category Published
Schneer v. Llaurado
Court errs in finding California lacks jurisdiction over custody petition where child resided in California for six continuous months despite her absence prior to petition's filing. 		Family Law Dec. 11, 2015
Marriage of Smith
Ex-wife's receipt of substantial and regular financial support from wealthy father properly considered 'income' for purposes of Family Code's attorney fee-shifting provision. 		Family Law Nov. 24, 2015
Marriage of Bonvino
If property is acquired during marriage with both separate and community funds, transmutation requirements must be satisfied before reimbursement provisions apply. 		Family Law Nov. 12, 2015
Marriage of Cecilia and David W.
Failure to apply correct legal standard and lack of substantial evidence requires reversal of adult child support order. 		Family Law Nov. 4, 2015
Marriage of Drake
Family court properly orders father to continue supporting incapacitated adult child, but errs in ordering payments be made directly to mother. 		Family Law Oct. 29, 2015
Cueto v. Dozier
Trial court should have granted requesting party's motion to renew domestic violence restraining order despite her inability to demonstrate violations. 		Family Law Oct. 21, 2015
Marriage of Brandes
Based upon rebuttable presumption of lender's intent doctrine, party seeking to prove stock shares acquired during marriage by way of promissory note are separate property must make evidentiary showing to that effect. 		Family Law Sep. 10, 2015
Marriage of Brandes
Based upon rebuttable presumption of lender's intent doctrine, party seeking to prove stock shares acquired during marriage by way of promissory note are separate property must make evidentiary showing to that effect. 		Family Law Sep. 1, 2015
In re Marriage of Siegel
Court errs in issuing order far exceeding requested relief where lack of notice denies non-requesting party due process. 		Family Law Aug. 24, 2015
In re Anthony B.
Court did not err or abuse discretion in ruling parental benefit exception to adoption inapplicable where father cannot not satisfy either prong of exception. 		Family Law Aug. 13, 2015
In re I.C.
Four-year-old's hearsay statements contained in video and caseworker's report are substantial evidence to support finding of sexual abuse by father and resultant separation. 		Family Law Aug. 11, 2015
Isidora M. v. Silvino M.
Court errs in issuing mutual restraining order under Section 6305 of the Domestic Violence Protection Act absent affirmative request for orders by both parties. 		Family Law Aug. 3, 2015
In re M.W.
Past incident of domestic abuse between husband and wife does not constitute substantial risk of serious harm to minor. 		Family Law Aug. 2, 2015
Marriage of Olson
Default judgment against mother in divorce proceeding does not preclude her from petitioning court to modify custody arrangement. 		Family Law Aug. 2, 2015
Marshall v. County of San Diego
Social workers entitled to qualified immunity when they provide notice to prospective adoptive parent and there is no evidence they made false statements before removing child. 		Family Law Jul. 22, 2015
In re Marriage of Davis (Sheryl Jones and Keith Xavier)
'[L]iving separate and apart" under Family Code Section 771(a) requires spouses to live in separate residences when establishing date of separation. 		Family Law Jul. 20, 2015
Altafulla v. Ervin
Defendant's statements and actions after discovering partner's infidelity disturbed victims' mental peace and justifies permanent restraining order against him. 		Family Law Jul. 8, 2015
Marriage of Evilsizor and Sweeney
Domestic Violence Prevention Act allows court to restrict husband from disseminating wife's sensitive, personal communications husband maliciously downloaded from wife's phones. 		Family Law Jun. 24, 2015
Jane J. v. Superior Court
Trial court must weigh all relevant factors impacting children at issue before granting a change of custody that involves a 2000-mile move away. 		Family Law Jun. 17, 2015
In re Marriage of Lafkas
Modification of partnership agreement adding wife as partner is not a valid transmutation of separate property absent express declaration signed by husband. 		Family Law Jun. 17, 2015
Adoption of Emilio G.
Not abuse of discretion to terminate rights of violent, unsupportive biological father seeking to prevent child's adoption when he fails to show he is the presumed father and termination is in child's best interest 		Family Law May 26, 2015
In re N.L.
Improper to include child in restraining order where threats from mother were directed at father, and no evidence suggested mother put child in danger. 		Family Law May 25, 2015
Marriage of Honer
Court's valuation of primary marital assets, as based upon circumstances existing at the time of trial, is supported by 'ample evidence' and must be upheld. 		Family Law May 7, 2015
Adoption of Emilio G.
Not abuse of discretion to terminate rights of violent, unsupportive biological father seeking to prevent child’s adoption when he fails to show he is the presumed father and termination is in child’s best interest 		Family Law Apr. 12, 2015
In re A.R.
Where father has already removed himself from the home and is following visitation restrictions, ‘substantial danger’ does not exist and child should not have been ordered removed from Father’s physical custody. 		Family Law Apr. 12, 2015
Ellis v. Ellis
Appeal untimely when taken from subsequent judgment that did not materially affect wife’s rights in marriage dissolution proceeding. 		Family Law Apr. 2, 2015
Winternitz v. Winternitz
Mistakes in custody evaluator’s report went to weight of report and not its admissibility; court did not err in refusing to strike report. 		Family Law Mar. 30, 2015
In re Marriage of Rifkin & Carty
Prefiling order against vexatious litigant is appealable and must be challenged on appeal rather than later in an application to vacate that order. 		Family Law Mar. 8, 2015
Andrew V. v. Superior Court (Jessica V.)
Family court may not allow mother to temporarily relocate children out-of-state without conducting full adversarial hearing. 		Family Law Mar. 3, 2015
Marriage of M.A. and M.A. et al
Award of attorney fees to mother in child support dispute - as it was based on parties’ respective needs, incomes, assets and abilities – not an abuse of discretion. 		Family Law Feb. 24, 2015
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