In valuating an interest in his law partnership, the trial court erred in taking into account the tax consequences which might result to the husband in the event he subsequently decided to convert the item into cash, and in reducing the current value of the item...
Month: October 2018
VIOLATIONS OF THE AUTOMATIC RESTRAINING ORDER IN DIVORCE.
ATROs are a set of four orders that automatically go into effect when a divorce action is initiated. They are written on the back (page two) of the FL-110 form, also knowns as a “summons.” On the back of the summons, they are now called Standard Family Law Restraining...
CAN A SPOUSE USING COMMUNITY PROPERTY CLAIM CREDITS IN DIVORCE?
Epstein stands for the proposition that equity requires the payer spouse to be reimbursed for such payments unless the spouses had an agreement otherwise, the payment was intended as a gift to the other spouse, the payer was actually using the asset for which the...
COMMON QUESTIONS IN DIVORCE & FAMILY LAW
Here are some answers to legal questions you may have: • What is Community Property? Community property generally is everything that spouses or domestic partners own together. It includes everything you bought or got while you were married or in a domestic...
CAN PRIVATE ACTORS BE LIABLE IN A CIVIL RIGHTS ACTION?
Just recently, media accounts of two African-American individuals who were arrested at a Philadelphia "Starbucks" for essentially frequenting the establishment and were doing nothing more than waiting for a friend went viral on the internet. Apparently, the...
WHAT IS THE LEGAL STANDARD IN A SLIP & FALL CASE?
Owners of real property and businesses who use commercial premises are liable to customers of their establishments for injuries sustained on real property in California. Customers who frequent commercial businesses are called "invitees." I found the below case,...
WHAT IS AN ADVERSARIAL PROCEEDING IN BANKRUPTCY?
In 2005, past laws were significantly affected by the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"). First, understanding the Bankruptcy Discharge is important. The primary goal for most bankruptcy cases is the discharge of debt....
CAN STATEMENTS OF UNCHARGED CRIMINAL SEX ACTS BE ADMISSIBLE?
There has been plenty of discussion regarding Judge Brett Kavanaugh's Supreme Court nomination and of the allegations that he attempted to sexually assault Christine Ford, over 35 years ago. Two other women have come forward with allegations that Judge Kavanaugh had...