Family Legal Ease - Family Law and LGBT Legal Services

Recently a mass email went out from Boyce Hinman, California Communities United Institute, calling for support of Bill SB 401 as a Bill that would oppose homophobia. This is untrue and support of this Bill by the LGBT community can potentially be very damaging to the LGBT community.

The Bill removes from the statute language that specifically excludes Pedophilia as a sexual orientation. Before supporting this Bill, please read the language. There i...

Warning to parties in the process of a Dissolution &/or Bankruptcy; New Case regarding Homestead Exemption.

In re Jacobson (4/23/12) 9 Cir No. 10-60040 (Judge Farris) 2012 WL 1382979

In this new case holding, dated 4/23/2012, the Ninth Circuit Court of Appeals held that the proceeds from a forced sale of a Family Home loses their exempt status...

Judicial Counsel of California

Invitations to Comment

Family Law: Amend Forms for Dissolution of Domestic Partnership or Marriage to Correct Substantive Omissions and Other Issues

Item Number: SPR12-17

Deadline for Comments: June 15, 2012 5:00 PM (Pacific)

      ACCESS TO DCSS COURT FILES AND RECORDS  

The court has had occasion to reexamine the law regarding the confidentiality of court files involving the Department of Child Support Services (DCSS). The court’s analysis and conclusions clarify both public and attorney access to these files, in particular, paternity judgments.

DCSS cases are typically, but not always, designated as a “DF” court file indicating the ca...

An interesting new Paternity case was certified forpublication on 3/28/2012.

In Re: D.A. (3/28/12) 2 Civ B230987, B233283, Div 1(Rothschild) 2012 WL 1021443

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This case contains some interesting facts and findings. This case arose in the Juvenile Court and addresses the Paternity finding of a six month old child. There are a few asp...

Family Law and Juvenile Proceedings

California Rules of Court

Changes Effective July 1, 2012

Rule 5.407. Review of judgments based on default and uncontested judgments submitted by declaration under Family Code section 2336  

Once a valid proof of serviceof summons has been filed with the court or respondent has made a general appearance in the case:

&#...

On February 7, 2012 the Ninth Circuit Court of Appeals, in a 128 page discussion and decision, issued its decision that the California Constitutional Amendment known as "Proposition 8" was unconstitutional. See earlier post.

Thereafter, on February 21, 2012, the Imperial County Clerk, Chuck Storey, filed a Motion to Intervene in the case. This means that he asked to be joined as a party to the case. The Court of Appeals denied his request on February 22, 2012. On February 21...

Today, February 7, 2012, the Court of Appeals issued its opinion that Proposition 8 is unconstitutional. Read Decision of the Court of Appeals here.

The supporters of Prop 8 have 15 days to ask the Ninth Circuit panel to reconsider its decision or to ask for reconsideration by a larger panel of judges on that court. Alternatively, they have 90 days to request that...

Perry v. Brown Pending Decision regarding Constitutionality of Prop 8

Today, the U.S. Court of Appeals announced its anticipated issuance of itsdecision regarding the constitutionality of Proposition 8.

The official announcement reads as follows: The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 an...

Today, 02/06/2012, the Court of Appeals issued its order on the Motion by Chuck Storey, County Clerk of Imperial County, to initervene in the case. The Court of Appeals panel, consisting of Judges Reinhardt, Hawkins, and N.R. Smith, denied the motion to intervene and untimely. In addition, they denied the motion to intervene in the companion appeal as untimely as well.