Family Law News Executive Editor: Dawn Gray, firstname.lastname@example.org
Family Law News, Assistant Editor: Shauna Chastain, email@example.com
Family Law News Monthly Editor, Jason J. Elter, firstname.lastname@example.org
Family Law Section Annual Awards Presentation and Reception
Friday, September 14, 2018
CORRECTED TIME: 5 p.m. - 6:30 p.m.
September 14-15, 2018 | Sheraton San Diego Hotel & Marina
REGISTER ONLINE HERE
Registration & Hotel | Education | Events | Awards & Receptions
Full Brochure | Registration Form
All members in the family law section and in the general practice of law will recognize Paul Bonnar for the Lifetime Achievement Award, posthumously recognizing him for his contributions to the practice of family law and the positive impact he had on litigants, attorneys and the profession. This award will be bestowed on Paul through his wife, Ginger, at the Family Law Section Annual Awards Reception at 5:00 PM on Friday, September 14, 2018, at the First CLA Annual Meeting in San Diego at the Sheraton San Diego Hotel and Marina.
Candid Discussions Between Bench and Bar Regarding Custody in Today's Courts
6 Hours of MCLE & Legal Specialization Credit
Monday, September 24th
1515 Clay Street, Oakland, CA, 94612
Monday, October 22nd
The State Bar of California
845 S. Figueroa Street, Los Angeles, CA 90017
Get all the details HERE!
Schedule | Essential Info | Printable Brochure | Mail Reg. Form
This program includes lively discussion and real world analysis between prominent family law bench officers and certified family law specialists as they address the paramount custody issues of today. Topics will include factors influencing a court’s decision when fashioning parenting plans, the effective use of custody evaluations, how the family law court system is integrating the changing views, attitudes, and law towards substance use with families today, approaches and strategies related to move away requests, practical approaches to child support related issues, and the nuances and hard facts of dealing with domestic violence issues when children are involved.
The current and past Chair of the Family Law Section would like to invite you to the Mixer and Networking Event being held after the Essentials programs in Oakland and Los Angeles. Take advantage of this free opportunity to meet other family law practitioners and to familiarize yourself with the advantages of Family Law Section membership.
All active family law attorneys are invited to attend—current section membership not required. Light appetizers and hosted bar.
RSVP to: FamilyLaw@CALawyers.org
Los Angeles Networking Event
Monday, October 22, 5 p.m. - 7 p.m.
800 West Olympic Boulevard, #A135
Los Angeles, CA 90015
RSVP by October 15, 2018
Oakland Networking Event
Monday, September 24, 5 p.m. - 7 p.m.
811 Washington St
Oakland, CA 9460
RSVP by September 17, 2018
Monday, September 17, 2018, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Family Law. You must register in advance to participate.
This webinar will explain how to value employee stock options as a marital asset and also as a component of employee compensation when determining spousal income. We will address approaches to valuing stock options from public corporations and private corporations, as well as private corporations expected to undergo their initial public offering (IPO) in the near future. We will touch upon other forms of equity compensation, such as Restricted Stock Units (RSUs). We will provide a generic list of documents to request in discovery and offer examples of equity valuations.
Moderator: Kelly Robbins.
Speakers: Hannah Dingley and Nora Ostrofe
Thursday, September 20, 2018, 12 noon - 1 p.m.
This webinar addresses key mortgage considerations during divorce, characteristics of divorce specific lender guidelines, and loan approval strategies to help your clients obtain financing. Ross and Jason will provide guidance on topics such as:
Moderator: Leena S. Hingnikar
Speakers: Jason Crowley and Ross Garcia
Thursday, October 18, 2018, 12 noon - 1 p.m.
In this advanced webinar, the speaker will discuss select hot topics including case law pertaining to survivor benefits, drafting appropriate MSA language, issuing subpoenas to retirement plans, new laws that apply to military benefits, and how to identify a potential community interest in stock options.
Moderator: Kelly Robbins
Speaker: Elizabeth Van Clief
NOTE: The entire opinion of each the following cases may be located at http://www.courts.ca.gov/opinions-slip.htm.
In re Marriage of Macilwaine 18 DJDAR 8490 (8-22-18) (DCA 1)
FC §4058 includes all compensation conferred upon and available to the employee, including stock options when all impediments to sale are removed; parent's investment preferences cannot affect "income" for purposes of c/s.
How to treat subsequent income from stock options after it has been considered under a "vest and mature" rule.
The "needs" of children of wealthy parents are determined by the standard of living attainable by the income available, not by an objective standard or by the manner the parents' income is expended and their resulting lifestyle.
When deviating from guideline, the trial ct. must do more than issue conclusory findings; it must **articulate why** it believes the guideline amount exceeded the child's needs and why the deviation is in the child's best interests.
To deviate from guideline, the trial ct. need only determine guideline support exceeds the children's needs, not that guideline support would be detrimental to their interests.
The trial ct. did not abuse its discretion in finding H an exceptionally high earner for c/s purposes based on income statistics.
A dramatic increase in income can be a change of circumstances.
Children's needs must be independently determined, not "reverse engineered" from parent's I&E or expenditures.
Levingston v. Kaiser Foundation Health Plan, Inc. 18 DJDAR 8341 (8-17-18) (DCA 4)
Trial ct. abused its discretion in not granting plaintiff a continuance on an SJ motion hearing where there was no willful violation of procedural rules, and no history of abusing pretrial procedures.
Cortese v. Sherwood 18 DJDAR 8439 (7-31-18) (DCA 1) (Of interest)
Demurrer improperly overruled where complaint was properly construed to allege defendant-attorney engaged in conspiracy, and plaintiff did not comply with prefiling requirements of CC §1714.10.
Bianka M. v. Super. Ct. (Gladys M.) 18 DJDAR 8212 (8-16-18) (Cal. SC)
A nonresident, noncustodial parent need not be joined in C's parentage action seeking special immigrant juvenile classification; adequate notice to parent suffices.
C's perceived immigration-related motivations for filing a parentage action under the Uniform Parentage Act (FC §7600 et seq.) have no bearing on whether the action may proceed.
Monster Energy Co. v. Schechter 18 DJDAR 8092 (8-3-18) (DCA 4)
Approving a settlement agreement as to form and content does not make an attorney a party to it.
Hall v. Dept. of Motor Vehicles 18 DJDAR 8159 (7-20-18) (DCA 4) (Cert. for pub. on 8/15/18)
Plaintiff not entitled to attorneys fees from defendant DMV where he did not obtain any relief not already provided to him by the trial ct. and DMV.
For purposes of determining the right to attorneys fees under GC §800(a), a party that "prevail[ed]" is synonymous with a "successful party" under CCP §1021.5.
Plaintiff's argument for costs forfeited where he did not set it forth in a separate heading in his appellate brief.
Powell v. Tagami 18 DJDAR 8236 (8-6-18) (DCA 4)
Beneficiary properly ordered to pay attorneys fees incurred in trustee's defense of trust where his objections to trust accountings were brought in bad faith.
Where a trust beneficiary instigates an unfounded proceeding against the trust in bad faith, a probate ct. has the discretion to award a trustee's individual attorneys fees.
Jaime G. v. H.L. 18 DJDAR 7620 (7-31-18) (DCA 2)
FC §3044 creates a mandatory checklist when finding the presumption against joint custody after DV has been rebutted; if the reasons cannot be given orally, the trial ct. must give them in writing.
CAL. SUPREME COURT ACTIONS Depublished:
Fischer v. Fischer (2018) 22 Cal.App.5th 612, 231 Cal.Rptr.3d 621 [Depublished 7/25/18]
FC §6203 does not impose strict liability-intent to injure is required for DVRO.
Damaging property while alone and venting some anger did not warrant issuance of DVRO.
W's reading and disclosing H's text messages to a few friends was not "disturbing the peace" under the DVPA.
Children and the Law
In re D.B. 18 DJDAR 8392 (8-20-18) (DCA 4)
Juvenile ct. properly considered the statutory factors in W&IC §300(j) in removing C from parents' custody.
In re J.W. 18 DJDAR ____ (8-16-18) (DCA 2)
Disability is not a bar to adoptability; continuing parent-child relationship did not outweigh permanency and stability of adoptive placement.
In re Collin E. 18 DJDAR 7455 (7-2-18) (DCA 4)
In terminating the parental rights of Indian parents, court did not err in not considering whether legal custody was likely to result in serious damage to the child, in addition to considering physical custody.
In terminating the parental rights of Indian parents, juvenile ct. record contained substantial evidence to support the ICWA detriment finding.
Juvenile ct. did not err when it determined the beneficial parent-child exception to the termination of parental rights did not apply.
Are you a Section member who wants to be reminded of all the benefits? Do you have a colleague on the fence about joining the Section? Being a Family Law Section member offers a number of great benefits. READ MORE
The Family Law Section is a sponsor of the radio program “Know Your Legal Rights” hosted in the Bay Area by San Mateo Deputy District Attorney Chuck Finney. Mr. Finney welcomes attorneys and other professionals to talk about hot legal topics on a weekly basis. He routinely hosts members of FlexCom and other family law attorneys to educate the public on burgeoning issues important to our practice. FlexCom thanks Mr. Finney for providing our Section with this forum over the years.
If you are interested in listening to prior broadcasts focused on family law issues, the State Bar website now has a list that dates all the way back to when the Section first started sponsoring the program. Visit the our Your Legal Rights page for additional details. For an entire list of podcasts hosted by Mr. Finney, please see HERE.
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Section, you're eligible for:
Information about the section dues rebate program can be found on the CEB Web site.
View Family Law Section programs over the internet for participatory MCLE credit . Choose from hundreds of hours of official State Bar of California MCLE programs. For more information, see streaming audio and video, and select Family Law Be sure to check out CLEtoGo , downloadable podcasts you can listen to while commuting.
Who said family law lawyers weren’t social? A reminder, our Family Law Section is on Facebook and Twitter - join us! The Section sees social media as another way to connect our members with information as it develops. Stay in touch with us to learn about the great work being done by Section members across the state. You can Like us on Facebook and Follow us on Twitter.
Family Law Section
California Lawyers Association
180 Howard Street, Suite 401
San Francisco, CA 94105-1639