This issue is sometimes litigated in divorce cases. In California, there are many scenarios in which a Family Code (FC) 2640 analysis will apply. The most common one deals with reimbursement of a separate property down payment on a home. For example, the residential home is purchased during the marriage and a down payment is…
Apart from settlement, a divorce trial is the only way that a court can make a final decision about your case. Settling a divorce case does not necessarily mean you and your ex-spouse have to agree on everything. You can reach a partial settlement on some issues and decide to allow the court to rule…
When a criminal defendant is confronting a criminal case and is set for trial, it is up to the defendant to decide whether to proceed or plead guilty. His or her defense attorney should provide the pros and cons of going to trial. I do not like my clients pleading guilty to a crime until…
Pre-filing means when an individual is suspected of a crime and is under police investigation but no formal charges have been filed. You are under investigation if law enforcement agencies/police contact you, your employer, family or friends to ask questions. A search warrant may have already been issued and executed. In order to prevent further…
After a trial, the judge awarded my client attorney fees (to my office) and sanctions (to my client) against the other party for their bad faith litigation conduct. He was ordered to pay but has failed to do so—now what? An examination of a judgment debtor (debtor) exam is authorized under Code of Civil Procedure…
Atty. Castaneda negotiated a deal with the Orange County Department of Child Support Services, the Petitioner and her attorney, and accepted by the Court, which allowed her client (the Respondent) to pay fifty percent (50%) of the accrued child support arrears. Additionally, her client’s criminal contempt charges were dismissed, the government and all enforcement mechanisms…
“Arrears” means past due support. Arrears are created when a child support order is made and there have periods of time in which support payments were paid only partially or not at all. Section 685.020 (b) of the California Code of Civil Procedure mandates interest on arrears at a legal rate of 10% as each…
With the start of the Memorial Day this weekend, the summer travel season begins. You can be sure that the police will be setting up sobriety checkpoints. In California and in many states, police conducting checkpoints must comply with a strict guideline that is laid out by case laws. In California, the landmark case is…
There are many types of abuse, and a family law court shall take all of them in consideration. There are generally eight types of domestic violence/abuse: physical, intimidation, child abuse, verbal and emotional, social isolation, religious, male/female privilege (diminishing the victim’s authority and preventing him/her from contributing to the relationship and sexual abuse. If you…
April has been designated Child Abuse Prevention Month in the United States since 1983. In 2016, President Obama issued a presidential proclamation that: “During National Child Abuse Prevention month, we recommit to giving every child a chance to succeed and to ensuring that every child grows up in safe, stable, and nurturing environment that is…
What are your duties under California Penal Code 290? The Sex Offender Registration Act requires you to registration annually if you are convicted of certain sex crimes. Formerly a conviction for any sex crime required lifetime registration. But the passage of Senate Bill No. 384, which commences January 2021, will establish a three- tier system…
A default judgment in dissolution of marriage cases is a judgment attained when the respondent fails to file a response. The petitioner then can file a request with the court to move forward in the case without the respondent’s involvement. “It is a fundamental concept of due process that a judgment against a defendant cannot…
The difference between a misdemeanor and a felony is not always clear from state to state. In general, it is fair to say that a misdemeanor is defined by the maximum length of time a person is incarcerated, usually no more than one year. Crimes with a minimum jail time of over a year are…
Happy New Year and that means for many “cleaning” up their criminal record. My clients come to me because they want to “erase” a conviction for personal reasons but most do it because it negatively impacts them in getting a job or a professional license. A criminal conviction may lead to an administrative investigation and…
The noncustodial parent (the parent who is not the primary physical custodian) must make a prima facie showing of detriment to child from proposed move to obtain an evidentiary hearing. I just had a hearing in which the noncustodial parent who lives in California requested that the court order my client who is in Italy…
Trade secrets are defined in California Civil Code section 3426.1 (d) as “information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use;…
A client who did not have an attorney during her divorce last year focused her intent in getting sole legal and physical custody of their very young child. In essence, she waived her rights to a much higher child and spousal support along with community asset division and in exchange she would have sole custody….
I have a client that resides in Illinois while mom and children (only 1 remaining minor) presently all live in Israel. Mother requested the Los Angeles County Department of Child Support (DCSS) to enforce a private divorce order. The issues are a request for a modification of child support and determination of arrearages brought forth…
Atty. Castañeda concluded a three-week trial and successfully argued for her client, among other things, attorney fees and sanctions. Due to the international aspects of the divorce (i.e. business transactions in the Middle East, Asia and California), tracing financial information was a challenge. Atty. Castañeda strategically and comprehensively proved to the Court that the litigation…
All too often in family law parties “stonewall” one another. They make frivolous request. They inundate the other side with faxes, emails, messages, letters, useless interrogatories, and more. They refuse to accept a reasonable settlement offer. What can a spouse do? California Family Code, Section 271 basically states that if “the other side doesn’t play…