Law
31
Jan
Even if you are not the high-income earner in your marriage, you may still be able to afford legal representation in a divorce, legal separation or nullity action and in any related subsequent proceedings. Family Code Sections 2030 through 2032 provide that a party in certain family law matters can ask the court to order the other party to pay for […]
27
Jan
The California Domestic Partner Rights and Responsibilities Act provides registered domestic partners with the same rights and obligations as spouses, including the rights to child custody, support and property division. While the majority of domestic relationships must be terminated by the same legal procedures used for marriage dissolution, nullity or legal separation, some partners can end the domestic partnership by filing […]
26
Jan
California laws recognize that spouses owe each other fiduciary duties due to their relationship of confidence. “This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other.” Family Code Section 721(b). Once a breach of the fiduciary duty is […]
25
Jan
This is a story that we all hear too often– a homeowner entered into an agreement with a contractor to remodel his or her home. The contractor signficantly delayed the project, provided substandard work and threatened to record a lien on the property if he is not paid in full. What can a homeowner do in […]
24
Jan
In deciding a parent’s custody or visitation request, the court may consider and give proper weight to the testimony of a child over 14 years old as to his or her wishes. Family Code Section 3042. The court may decline to accept the child’s testimony but must state the reasons for the denial on the records and must resort to other […]
07
Dec
Governor Jerry Brown has signed off on numerous laws affecting California employers. Among the new laws are the following: A.B. 22- Credit reports An employer or prospective employer (except financial institutions) may not obtain a consumer credit report for employment purposes with the exception that the information the employer sought is for a managerial position and is […]
07
Dec
It is generally assumed that only mothers can obtain full custody of the children. This false assumption has led many fathers to forgo their opportunity to seek full or primary custody of their children. In reality, fathers can obtain full custody if they can meet the required burden of proof. If there has never been a custody […]
04
Aug
Various federal and state laws protect disable workers and require employers to provide reasonable accommodations to their employees. Under federal laws, Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act (the “ADA”) require any private employer that has an employment relationship with fifteen (15) or more individuals for each working […]
25
Jul
What happens when you have a court order granting you certain custody or visitation rights but your former spouse has fled the state with your child? When you are faced with this situation, it is possible to enforce the out-of-state order but it largely depends on the law of the state where your former spouse […]
01
Jul
What is the new California online sales tax? The new California online sales tax is making huge headlines across the country due to the fact that two major online retailers, Amazon and Overstock, have severed ties with their California affiliates as a way of protesting against the new law. Amazon is banking on a 1992 […]