In 2009, there were several cases that were decided by the California Supreme Court, the appellate courts and the Ninth Circuit Court of Appeals that issued important decisions during the past year that affect family law. Some of those are listed here. A trial court that failed to consider the factors in Family Code sections [...]
Posts Tagged ‘California Supreme Court’
California Family Law Cases That May Affect You
Posted: May 25, 2010 in family lawTags: California Supreme Court, disturbing the peace, domestic violence, domestic violence prevention act, Family Code Section 17450, Family Code Section 17460, Family Code Section 2032, Family Code Section 6320, family law, spousal support
Elkins Task Force Wants Your Feedback
Posted: October 28, 2009 in family lawTags: access to justice, California Supreme Court, Contra Costa Superior Court; family law, dissolution, Elkins, Elkins Task Force, Elkins Task Force Recommendation, Judicial Council of California, marital, recommendation
For those of you who have struggled through the court system in California during a divorce or custody matter, now is your chance to let the Court know how you feel about the recommendations that the Elkins Task Force has put out in a 78 page draft. You can review the Elkins draft by clicking [...]
Anderson Cooper 360: Blog Archive – California high court upholds same-sex marriage ban « – Blogs from CNN.com
Posted: May 26, 2009 in UncategorizedTags: ban, California Supreme Court, decision, same, same sex marriage, split the baby
Anderson Cooper 360: Blog Archive – California high court upholds same-sex marriage ban « – Blogs from CNN.com Posted using ShareThis Guess they split the baby on this decision. Allowing the same-sex marriages already performed to remain but upholding the ban on same-sex marriages that voters approved. I personally don’t agree with this decision, not [...]
Falcon & Fyke Update
Posted: February 17, 2009 in UncategorizedTags: appeal, California Supreme Court, Falcone, Family Code Section 1101(g), Family Code Section 2032, Family Code Section 2102, Family Code Section 2103, Family Code Section 2104, Family Code Section 2105, Family Code Section 271, Family Code Section 721, Fyke, In re Marriage of Feldman (2007) 153 Cal.App.4th 1470, sanctions, Santa Clara County Trial Court, unwarranted motions
The saga continues. The California Supreme Court has ruled on the sanctions of $64,500 ordered by the Santa Clara County Trial Court. Not only were these sanctions upheld, but the Wife, Kathey Fyke is ordered to pay Husband, Richard S. Falcone the total amount of $833,025.72 in fees, costs and sanctions under Family Code Section [...]
Property Acquired During Marriage is Presumed Separate Property
Posted: January 26, 2009 in family law, UncategorizedTags: acquired, California Supreme Court, during marriage, property, real property, separate property, spouse
In Re Marriage of Brooks & Robinson (169 Cal.App.4th 176) Property acquired during marriage in the name of one spouse is presumed separate property and the burden is on the grantee to overcome the presumption by clear and convincing evidence of the agreement or an understanding to the contrary. To overcome the form of title [...]


