Marriage of Diamond. A person lacks mental capacity within the meaning of Family Code section 2122 when the person suffers from a mental deficit that significantly impairs his or her ability to understand and appreciate the nature or consequences of his or her actions or the family law proceeding.

California Capital Insurance Company v. Hoen. Set Asides when the Respondent / Defendant did not have actual notice of the action.

Mercado v. Superior Court. Vocational evaluations in spousal support cases are authorized by FC 4331. Vocational evaluations in child support cases are authorized by FC 4058, but require the requesting party to make a prima facie showing (a) the vocational evaluation would be in the best interests of the children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children; and (b) other party has the ability and opportunity to earn income.

C.C. v. L.B. Third Parent / Adoption. A final adoption order, which gave N.’s legal parents, not the courts, the right to decide whether and with whom she spends her time. A parent who relinquished their rights as part of an adoption lacks standing to request a court to establish them as a parent of a child.

Shenefield v. Kovtun. The litigation privilege only attaches when imminent access to the courts is seriously proposed and actually contemplated. It does not apply to individuals who attempt to profit from “hollow threats of litigation”; or where there is only the “mere potential” or “bare possibility” that litigation “might be instituted.”

LCPFV v. Somatdary. The trial court’s role in resolving Requests for Admissions, causes of action, and attorneys’ fees and costs when entering Default Judgments is to act as a gatekeeper to ensure defaults do not become windfalls.

Yaffee v. Skeen. Sanchez did not preclude experts from relying on case specific hearsay. They can base their opinions on such hearsay. Sanchez merely precludes a party from entering such hearsay evidence through the expert. The appropriate objection is to request a limitation, that the case specific hearsay on which the expert relied only be admitted to explain the opinion and not for the truth of the matter asserted.

Juvenile Dependency Cases. In re Juan A. and In re Baby Girl R.

Contempt Sanctions. Ofek Rachel Ltd v. Zion; Cohen

Restraints on transfers in Estate Planning. Godoy v. Linzner