June 2025 Family Law Update

General MCLE Credits: 0.75
Family Law LSCLE Credits: 0.5
Civility: 0.25
47 minutes

Marriage of Adeyeye and Faramaye. Courts are to consider the immigrant spouse’s income when determining a supported spouse’s liability under I-864.

Cradduck v. Hilton Domestic Operating. Do not verbally attack the court, and do not stop showing up to trial because it is not going well.

Prato v. Gioia. Under CCP 286, Any opposing party or attorney who becomes aware that the opponent’s attorney has died, is removed, is suspended, is made involuntarily inactive, must promptly notify the other party. It was an abuse of discretion for the court to grant “prevailing party” fees to an attorney who did not timely provide notice and capitalized on the other party’s abandonment by her attorney who was involuntarily placed on inactive status.

In re A.O. Because a parent is aggrieved by an erroneous reasonable services finding, the parent may obtain appellate review of the finding by appealing the order in which it was made, even if the parent is not challenging any other part of that order.

In re Jayden A. If jurisdictional findings have been made as to both parents but only one parent brings a challenge, then the appeal may be rendered moot because dependency jurisdiction attaches to a child, not to his or her parent. However, such an appeal is not moot if the challenged jurisdictional finding serves as the basis for dispositional orders that are also challenged on appeal.

640 Octavia LLC v. Walston. A decision that is not yet appealable [e.g. awaiting final adjudication of all issues] cannot be the basis for excluding evidence pursuant to issue preclusion or claim preclusion.

People v. Walts. Opinions based on personal observations are not “speculative”, as long as the property foundation is laid in advance of the question. Only victims of the crimes for which a defendant is convicted can be listed as protected parties on a criminal protective order.

E.I. v. El Segundo Unified School. Expert’s testimony on cross by appellant was not appealable because appellant did not ask the trial court to strike the answer. Appellant must affirmatively show prejudicial error in the introduction of evidence.

P. v. Barrett. Evidence Code §1235: Prior Inconsistent Statements, admission if inconsistency in effect, rather than contradiction in express terms.

Wong et al. v. Dong et al. SLAPPback motions are not immediately appealable, even if the litigant dismissed the COA before the court granted the original anti-SLAPP motion to strike.

Ceron v. Liu. A litigant’s good faith reliance on an attorney is a complete defense to a malicious prosecution action, as long as the party provided the attorney with all of the facts and honestly relied on the advice of the attorney. Clients are not obligated to prove the attorney was “competent”, beyond the attorney is an attorney in good standing with the State Bar.

Oakland Bulk and Oversized Terminal v. City of Oakland. Force Majeure, covenant of good faith and fair dealing, claim preclusion only applies to conduct that occurred before the prior litigation.