Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A169561
|
In re P.S.
It was not categorically premature for a parent who was receiving reunification services to request the appointment of an expert to perform a bonding study during the reunification phase. |
Family Law |
|
T. Stewart | Dec. 20, 2024 |
B331558
|
C.C. v. L.B.
Sperm donor lacked standing to seek presumed parent status under Family Code Section 7611 because he knowingly consented to terminating his parental rights. |
Family Law |
|
T. Cody | Nov. 27, 2024 |
G063594
|
Modification: Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income. |
Family Law |
|
M. Sanchez | Nov. 26, 2024 |
G063594
|
Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income. |
Family Law |
|
M. Sanchez | Nov. 25, 2024 |
H051362
|
In re Baby Girl R.
Juvenile courts are not mandated to deny reunification following a finding that the whereabouts of the parent are unknown. |
Family Law |
|
M. Greenwood | Nov. 13, 2024 |
B321833
|
Marriage of Diamond
Spouse seeking to set aside judgment due to mental deficit failed to provide evidence of mental incapacity. |
Family Law |
|
G. Feuer | Nov. 7, 2024 |
B331257
|
Marriage of Saraye
Trial court did not abuse its discretion in denying reimbursement of child support overpayment after weighing appropriate factors, including request's extreme tardiness. |
Family Law |
|
M. Stratton | Nov. 1, 2024 |
B332699
|
In re G.R.
An alleged father had no standing as an aggrieved party to an order requiring his visits be monitored. |
Family Law |
|
J. Wiley | Oct. 29, 2024 |
B323455
|
In re Marriage of Shayan
Judgment for attorney fees entered by the family court did not expire until fully satisfied, so writ of execution issued more than 10 years after the judgment's entry was proper. |
Family Law, Civil Procedure |
|
V. Viramontes | Oct. 29, 2024 |
H051526
|
E.G. v. M.L.
Social media posts revealing personal information (doxxing) of a parent's former romantic partner constituted the course of conduct necessary to grant a restraining order. |
Family Law |
|
A. Danner | Oct. 7, 2024 |
B326716
|
Marriage of Cady and Gamick
Welfare and Institutions Code Section 12350 does not absolve parents of the duty to support an adult disabled child under Family Code Section 3910. |
Family Law |
|
G. Weingart | Sep. 26, 2024 |
A168514
|
C.C. v. D.V.
Stipulated restraining order was a finding that restrained party had perpetrated domestic violence, triggering statutory rebuttable presumption that awarding the perpetrator custody was detrimental to the best interest of the child. |
Family Law |
|
V. Rodriguez | Sep. 18, 2024 |
A167089
|
Cardona v. Soto
Trial court's failure to record, or otherwise inform father of the substance of, daughter's in-chambers testimony violated father's due process rights in domestic violence proceeding. |
Family Law |
|
J. Humes | Sep. 18, 2024 |
A170984
|
Feehan v. Superior Court (Seto)
Courts have the authority to issue pendente lite visitation when a petitioner makes a prima facie case for parentage. |
Family Law |
|
I. Petrou | Sep. 17, 2024 |
A167187
|
Malinowski v. Martin
Dashcam evidence of communications during supervised exchange of children involved in a domestic violence dispute was not confidential under the Privacy Act. |
Evidence, Family Law |
|
C. Fujisaki | Aug. 26, 2024 |
G063288
|
Bijan Boutiques v. Isong
Trial court judgment in divorce proceeding awarding defendant with the only marital property located in the United States was not subject to Uniform Voidable Transactions Act. |
Family Law |
|
T. Goethals | Aug. 15, 2024 |
B327857
|
In re A.P.
It was error to deny Mother's restraining order request where there was uncontested evidence Father had committed domestic violence against her and one of her children. |
Family Law |
|
G. Weingart | Jul. 30, 2024 |
G060819
|
Modification: Marriage of Wiese
Family Code Section 1101, pertaining to spousal fiduciary duties, only encompasses breaches relating to community property and not separate property. |
Family Law |
|
K. O'Leary | Jul. 18, 2024 |
G060819
|
Marriage of Wiese
Family Code Section 1101, pertaining to spousal fiduciary duties, only encompasses breaches relating to community property and not separate property. |
Family Law |
|
K. O'Leary | Jun. 24, 2024 |
G063462
|
In re Andrew M.
A showing that the child would derive a connection to a larger extended family was not a sufficient basis to preserve parental rights and reject proceedings for a permanent adoption. |
Family Law |
|
K. O'Leary | Jun. 13, 2024 |
E081558
|
Bailey v. Murray
Domestic violence defendant was not denied due process. |
Family Law |
|
M. Raphael | Jun. 7, 2024 |
A166577
|
Mueller v. Mueller
A confidentiality clause in an agreement that repeatedly and explicitly stated that it created no enforceable rights was not enforceable. |
Contracts, Family Law |
|
G. Burns | Jun. 4, 2024 |
A163185
|
Marriage of Dadashian
Because one spouse had exclusive access and information to couple's asset, trial court was required to apply *Margulis* to shift burden on managing spouse to account for missing asset. |
Family Law |
|
T. Stewart | May 30, 2024 |
B331994
|
G.G. v. G.S.
A domestic violence restraining order should be renewed in the absence of intentional violations of the initial order if the protected person had a reasonable apprehension of future abuse. |
Family Law |
|
H. Zukin | May 30, 2024 |
H049873
|
Bassi v. Bassi
Domestic violence restraining order was not struck even though some of anti-SLAPP movant's activity was protected because restraining order petition had requisite minimal merit. |
Anti-SLAPP, Family Law |
|
A. Danner | May 10, 2024 |
C097015
|
Br. C. v. Be. C.
Non-consensual recordings of husband's verbal abuse were admissible evidence in domestic violence restraining order proceedings because of statutory exception for recordings made by victims seeking such restraining orders. |
Family Law |
|
P. Krause | Apr. 8, 2024 |
A168081
|
N.M. v. W.K.
When a petitioner seeks a domestic violence restraining order, a respondent who has already responded to the petition is not entitled to a continuance of the hearing on the request "as a matter of course." |
Family Law |
|
A. Tucher | Mar. 22, 2024 |
D082723
|
In re P.L.
Father forfeited right to contest visitation order on appeal by failing to raise the issue before the juvenile court during repeated hearings that Father attended with counsel before that court. |
Family Law |
|
J. McConnell | Mar. 11, 2024 |
A157055
|
Modification: Marriage of Whitman
Trial court erred in holding community property responsible for civil penalty imposed due to spouse's illegal insider trading during the marriage. |
Family Law |
|
T. Stewart | Jan. 30, 2024 |
C091292
|
Marriage of Gilbert-Valencia and McEachen
Family court awarding 100 percent of net proceeds from quasi-marital property sale without finding of malice, fraud or oppression as to fiduciary duty breach, was an abuse of discretion. |
Family Law |
|
S. Mesiwala | Jan. 3, 2024 |