The Mellor Law Firm, APLC

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Trial Court Erred In Refusing To Issue Domestic Violence Restraining Order.

March 14, 2016 by

restraining order document - domestic violence

The trial court declined to issue a domestic violence restraining order for two reasons. First, it determined that mental abuse was insufficient, and, second, that past physical abuse was insufficient. The court of Appeal reversed. With regard to mental abuse, the appellate court stated: “In this case, the testimony that the trial court did permit […]

Filed Under: Appellate Law News, Criminal Law News, Divorce Law News, Legal News Tagged With: 196 Cal.Rptr.3d 816, 243 Cal.App.4th 816

“The Primary Purpose . . . Was To Ruin [Former Husband And His New Wife] Financially.” The Trial Court.

December 31, 2015 by

terminating sanctions trial court

The trial court ordered a former wife to pay her former husband $151,967 and his new wife $124,352 both as sanctions under Family Code section 271 and to pay for their attorney fees pursuant to Family Code section 2030. The trial court described the proceedings as a “morass of litigation, the primary purpose of which was to ruin [former husband and his new wife] financially.”

Filed Under: Appellate Law News, Attorney's Fees News, Damages Law News, Divorce Law News, Family Law News, Legal News, Sanctions Law News Tagged With: § 2030, § 271, 242 Cal.App.4th 529, Fam.Code § 2030, Fam.Code § 271, Family Code section 2030, Family Code section 271, section 2030, section 271

Similar Case.

December 15, 2015 by

child support

In this case, the 24-year-old son has Tourette’s syndrome and attention deficit hyperactivity disorder, which make it difficult for him to focus on a task. The evidence on his employability, however, is sparse. The trial court found the “child” lacks sufficient means, and even if he could obtain minimum wage work he could not reach his parents’ standard of living.

Filed Under: Appellate Law News, Children Law News, Divorce Law News, Family Law News, Legal News Tagged With: § 3910, 241 Cal.App.4th 1277, Fam.Code § 3910, Family Code section 3910, section 3910

Failure To Launch.

December 15, 2015 by

child emancipation - family law attorney

A man’s child was emancipated when he turned 19 years old. The son was diagnosed with attention deficit hyperactivity disorder, psychotic disorder, oppositional defiance disorder and cannabis abuse.

Filed Under: Appellate Law News, Children Law News, Divorce Law News, Family Law News, Legal News Tagged With: § 3910(a), 194 Cal.Rptr.3d 252, Cal.App.4th 934, Fam.Code § 3910(a), Family Code section 3910(a), section 3910(a)

“Most American Children Suffer Too Much Mother And Too Little Presumed Father,” Gloria Steinem.

May 6, 2015 by Leave a Comment

By statute, a person is presumed to be the natural father of a child if he shows by a preponderance of the evidence that he received the child into his home and openly held the child out as his own. [Fam.Code § 7612 (a).] Here, the mother conceived the child through artificial insemination by an […]

Filed Under: Appellate Law News, Children Law News, Divorce Law News, Family Law News, Legal News

It’s A Sad Day When A Father Doesn’t Want To Support His Children.

February 26, 2015 by Leave a Comment

The appellate court affirmed a trial court’s exercise of discretion to impute income to a father pursuant to Family Code § 4058(b). The appellate court also affirmed the trial court’s child support order because substantial evidence supports the trial court’s findings the father had the ability and opportunity to keep his job, that his termination […]

Filed Under: Appellate Law News, Divorce Law News, Family Law News, Legal News

New Child Support Law In California Family Law.

February 18, 2015 by Leave a Comment

In Jackson v. Jackson (1975) 51 Cal.App.3d 363, [124 Cal.Rptr. 101], the court held that in a marital action, when a couple switched custody, and the children went to live with the father, California law would allow credit to the father for the child support he rendered to the children while they were in his […]

Filed Under: Children Law News, Divorce Law News, Family Law News, Legal News, Ninth Circuit Court of Appeal Law News

No Causation In Legal Malpractice Action.

October 15, 2014 by Leave a Comment

Legal Malpractice

A woman, who was born in the USA, began living with a man in 1998. Without the benefit of a marriage license, in 2000, they participated in a traditional Hmong marriage ceremony. They signed numerous documents, filed tax returns indicating they were married and had two children. In 2009, the woman filed a petition for […]

Filed Under: Appellate Law News, Divorce Law News, Family Law News, Legal News, Malpractice Law News

Spousal Support With Lavish Lifestyle Ended When Couple Separated.

August 13, 2014 by Leave a Comment

spousal support

An unemployed married couple lived the high life with monthly expenses averaging $45,000, thanks to subsidies by the husband’s parents, who deducted the money from their son’s expected inheritance. When the couple separated, the husband’s annual income was about $99,000, and the trial court ordered him to pay monthly permanent spousal support of $2,000 and […]

Filed Under: Appellate Law News, Divorce Law News, Family Law News, Legal News

Life Insurance Policy In Dissolution Of Marriage Proceeding.

July 16, 2014 by Leave a Comment

Life Insurance Policy

During a 20-year marriage, the husband used community property funds to purchase an Life Insurance Policy on his life, naming his wife as the policy’s only owner and beneficiary. The trial court ruled the Life Insurance Policy was community property because it was acquired during the marriage with community funds. The trial court awarded the Life […]

Filed Under: California Supreme Court Law News, Divorce Law News, Evidentiary Law News, Family Law News, Insurance Law News, Legal News, Procedural Law News

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Recent News

How a Business Attorney Can Help You Sell Your Business in California

May 31, 2023 By Mark Mellor

The opportunity to sell your business can either be exciting or stressful—or both all at once! You want to make sure you get the best deal possible so you can move on to bigger and better things. That’s why it’s important to have business lawyers on your side who know the ins and … Read More...

Dealing With A Contract Breach? These Are The First Steps You Need To Take

April 24, 2023 By Mark Mellor

Whether you have knowingly or accidentally breached a contract, it is important to take immediate action. Failing to do so could result in serious legal consequences and expensive fines.  As contract dispute attorneys, we've compiled the first steps you need to take when you … Read More...

What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor

April 19, 2023 By Mark Mellor

Effective 2022 and 2023, several new regulations have been passed in California for the construction industry, including increased safety measures, environmental protection rules, and permit fines. Learn how these construction laws affect your company and how to avoid any fines … Read More...

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