March 2026 Family Law Update

General MCLE Credits:
Family Law LSCLE Credits:
minutes

Marriage of Jenkins. Default Judgments that exceed the relief plead in the Petition can be set aside under CCP §580, which prohibits default Judgments from exceeding the relief demanded in the complaint. The Judgment can also be set aside (if a request is filed within one year of entry of Judgment) under Family Code §2122 for mistake because the Respondent did not have notice of the rights the court might impact in its Judgment if he/she does not appear.

Marriage of Hoch. A litigant’s inability to afford an attorney does not qualify as substantial justification or other circumstances excusing him or her from sanctions under Family Code §2107 or the Civil Discovery Act. It was error for the court to grant mutual restraining orders without making detailed findings that neither party primarily acted in self-defense; and both parties were the "primary aggressors”, taking into consideration the factors set forth in Penal Code §836(c)(3). “Primary Aggressor” is determined by weighing the evidence of both parties acts of abuse and cannot be determined only considering the facts alleged in support of one of the requests. Failure to stipulate alone is not grounds for sanctions under Family Code §271.

Steven N. v. Priscilla C. A VDOP is void if, at the time, there is a presumed parent. If a marriage is voidable only by court order, then the husband of the mother is the presumed parent if the child is born within 300 days of the termination of the marriage. For purposes of presumed parent status, parties are deemed to have attempted to marry each other in apparent compliance with the law if they apply for and receive a marriage license; and procure an official marriage certificate.

Sheerer v. Panas. Verify all AI citations, this includes self-represented parties.

In re Domestic Partnership of Campos & Nunoz. Verify all AI citations, and check the citations of the other party. If a party fails to object to the AI hallucinations at the trial court level, they risk forfeiting their ability to appeal erroneous decisions entered based on the false citations.

In re L.G. Mental health alone is not grounds for jurisdiction.

LAOSD Asbestos Cases. Expert qualifications.

Pomona Valley Hospital etc. v. Kaiser Foundation Health etc. Contract interpretation and experts.

Guardian Storage Centers v. Simpson. Attorneys who receive materials protected by the attorney-client communication privilege must refrain from examining more than is necessary to determine it is privileged, and notify the privilege holder’s attorney of the attorney’s possession of the material. This applies even if the attorney’s client is the one who provides the materials.