Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B294228
|
Nicole G. v. Braithwaite
Domestic Violence Prevention Act authorizes ordering restrained parties to move out of property while protected party resumes residence. |
Family Law |
|
M. Stratton | Jun. 5, 2020 |
B291507
|
Marriage of Gutierrez
Trial courts may reasonably rely on context of proceedings to interpret orders when considering partitions and requested reimbursements. |
Family Law |
|
J. Wiley | May 8, 2020 |
E071314
|
Marriage of Mohler
Trial court erred in increasing community's interest in property under 'Moore/Marsden' to compensate community for appellant occupying property post-separation. |
Family Law |
|
M. Raphael | Apr. 15, 2020 |
A155111
|
Jennifer K. v. Shane K.
Domestic Violence Restraining Order correctly denied because punching refrigerator did not place appellant in reasonable apprehension of serious bodily harm. |
Family Law |
|
J. Kline | Apr. 9, 2020 |
B295293
|
Curcio v. Pels
Appellant's Facebook post, expressing opinions of appellee, did not rise to disturbing someone's peace under Domestic Violence Prevention Act to justify issued restraining order. |
Family Law |
|
A. Egerton | Mar. 31, 2020 |
D075110
|
Marriage of Everard
Mutual protective order properly granted because sufficient evidence proved history of physical violence. |
Family Law |
|
P. Benke | Mar. 31, 2020 |
B296295
|
J.M. v. W.T.
Trial court abused its discretion in denying plaintiff's request for continuance due to spinal surgery; thus, denial of protective order was reversed. |
Family Law |
|
D. Kim | Mar. 27, 2020 |
G058611
|
M.G. v. Superior Court (Orange County Social Services Agency)
Welfare and Institutions Code's statutory preference towards parental reunification can only be overcome by preponderance of state's evidence showing that reunification would be detrimental. |
Family Law |
|
K. O'Leary | Mar. 18, 2020 |
H046035
|
Marriage of Grimes and Mou
Loan from former spouse's family was deemed community debt because the funds were incurred during marriage and commingled with other community assets. |
Family Law |
|
A. Danner | Feb. 21, 2020 |
H045050
|
Marriage of Brewster and Clevenger
Wife did not produce 'documented evidence' to prove husband committed domestic violence against her; thus, she did not rebut presumption against ordering spousal support to spouse convicted of domestic violence. |
Family Law |
|
M. Greenwood | Feb. 21, 2020 |
D071379
|
Marriage of Deluca
Payments are deductible from income available for support following a finding that the payment reasonably and legitimately reduces the spouse's net income available for support. |
Family Law |
|
W. Dato | Feb. 18, 2020 |
B291505
|
County of Los Angeles Child Support Services Dept. v. Watson
The defendant bears the burden to show he was not intentionally evading service of his child support petition; the trial court's payment reduction was improper, absent such a showing. |
Family Law |
|
J. Segal | Dec. 2, 2019 |
C085721
|
Marriage of Pasco
Trial court abused its discretion by basing its decision on appellant's request for an order solely on argument of counsel and respondent's unsworn statements in response to court's questions. |
Family Law |
|
A. Hoch | Nov. 27, 2019 |
G055601
|
Marriage of McKean
The trial court abused its discretion when it cited the changed circumstances rule to modify child custody orders after only one questionable incident of neglect. |
Family Law |
|
K. O'Leary | Nov. 12, 2019 |
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 |