Michael Molinaro appealed from a restraining order issued under the Domestic Violence Prevention Act (DVPA) (Fam. Code, § 6200 et seq.). At hearing, Michael objected to several parts of Bertha’s testimony, including a hearsay objection to their daughter’s statement...
Month: March 2019
HOW IS A BUSINESS & STOCK DIVIDED IN A DIVORCE ACTION?
In this dissolution action, appellant Violet Brooks (Wife) appeals from an order entered after trial on the bifurcated property issue of how to apportion certain stock appreciation. Respondent Evan Brooks (Husband) owned stock in a business he started prior to...
WHY ARE PAIN & SUFFERING RECOVERABLE DAMAGES IN CALIFORNIA?
Let us imagine that your client, or loved one, is excluded from a commercial establishment, restaurant, or coffee shop on the basis of race, ethnicity, or national origin. Are they entitled to damages for pain and suffering? How, under such circumstances, would an...
COURT REVERSES ORDER GRANTING FATHER PRIMARY CUSTODY OUT OF STATE
Appellant, C.T. (Mother), appealed a child custody order changing primary physical custody of her 12-year-old son, A.B., from Mother in California to A.B.’s father, respondent, R.B. (Father), in Arkansas. A.B. has lived with Mother since his birth in 2006. Mother and...
I THINK THE LOVE HAS GONE OUT OF OUR RELATIONSHIP, DVPA MATTER!
Court Issues DVPA and Elder Abuse Restraining Orders Against Elderly Divorced Couple! Paul and Alicja dissolved their marriage effective November 28, 2007. Since then, Alicja has been “living rent free” in the building located at 123 24th Street in Hermosa Beach;...
FRATERNITY GETS OUT OF LAWSUIT; POSSIBLE DOUBLE-SECRET PROBATION!
I reported on this lawsuit previously. USC got out on its summary judgment motion, now Sigma Alpha Epsilon Fraternity gets out also. Shame. Here are the facts: Appellant Carson Barenborg was injured at a party hosted by a local chapter of respondent Sigma Alpha...
COURT GRANTS ANT-SLAPP MOTION AS TO PROTECTED ACTIVITY & FEES.
Court Grants Defendants' Ant-SLAPP Motion as to Allegations Related to Protected Activity. Attorney's Fees Awarded. Richmond issued its first medical marijuana collective permit to RCCC. Three other permits were later issued. The ordinance was amended to reduce the...
COURT REVERSES ORDER DIRECTING WIFE TO REPAY HUSBAND $27,000!
Court Reverses Order Directing Wife to Repay Husband $27,000 in Spousal Support, plus $2,700 in Attorney fees. Upon ending their marriage, respondent Craig Martin (husband) agreed to pay appellant Cynthia Martin (wife) spousal support for a period of four years. After...
COURT REVERSES ANTI-SLAPP ORDER, BUT AFFIRMS RETALIATION CLAIM.
Laker sued the Board of Trustees of the California State University and Mary for defamation and retaliation arising from a series of internal investigations conducted by the University. The defendants filed an anti-SLAPP motion to strike the complaint under Code of...