July 2024 Family Law Update
General MCLE Credits: 0.50
Family Law LSCLE Credits: 0.50
36 minutes
Marriage of Weiss, Revisited. Cal. Fam. 1100 – 1103 are limited to community property assets.
In re A.P. The fact the parties no longer resided together was not a proper basis on which deny protection.
Dickson v. Mann. Who owns the money in a client trust account?
In re B.H.. Dependency jurisdiction only requires the court to find allegations made under section 300 are true as to one parent. As such, both parents have standing to challenge.
Wastexperts, Inc. v. Arakelian Enterprises, Inc.. “None of the vitriol advanced the legal arguments in this case.
Quach v. Cal. Commerce Club, Inc. Abandoned arbitration-specific rules for determining if there was a “waiver” of an arbitration clause.
Ramirez v. Charter Communications, Inc. When determining if a discovery limitation in an arbitration agreement is unconscionable, courts should focus on general factors at time of contracting, not subsequent developments [eg – do not look to the specifics of the case].
Valencia v. Mendoza.
Deadlines to challenge an arbitration award do not supersede each other, you must challenge by the deadline that first occurs.
The Court may impose evidence sanction upon a showing (a) failure to comply with discovery; and (b) failure is wilful. Such a sanction will be withheld absent a showing the exclusion was “arbitrary, capricious, or whimsical”. If the record insufficient to make that determination, presume it was correct.
After a demand for exchange of expert witness information is made, you must disclose the substance of the facts or opinions upon which the expert will testify. This can be done either through a declaration or through deposition. Trial can exclude testimony exceeding the noticed scope if either (a) no notice; or (b) notice comes when it is unreasonably difficult to depose the expert.