Endrew F. v. Douglas County School District RE-1 (2017)

Although this case began within the jurisdiction of the Tenth Circuit Court of Appeals (California is within the Ninth Circuit Court of Appeals’ jurisdiction), the Supreme Court of the United States’ opinion in Endrew F. v. Douglas County School District (No. 15-827 U.S. 3/22/2017) (“Endrew F.“) is now binding in every state and federal court.  Endrew F. concerns … [Read more…]

Guess v. Bernhardson, et al. (2015)

The appeal in Guess v. Bernhardson, et al. (2015) arose from a civil action for declaratory relief based on a 1999 family-court judgment which included spousal support of $12,000.00 per month payable to Carol Guess by her former husband, Donald Guess, and which by its recordation imposed a judgment lien on real property subsequently purchased by Donald … [Read more…]

Jeffrey D. Stuard, et al. v. Matthew Stuard (2016)

It seems intuitive enough that parents should have ultimate control over who is be permitted to visit with their child(ren).  Right?  This isn’t always the case in California, if the judicial officer believes a pre-existing relationship between the grandparents and the grandchild(ren) exists such that promoting their bond is in child(ren)’s best interest, and on … [Read more…]

Gragg v. USA (2016)

In Gragg, et al. v. USA; IRS Commissioner (2016), a three-judge panel of the Ninth Circuit Court of Appeals affirmed the Northern District Court of California’s ruling that plaintiffs Charles and Delores Gragg, the latter of whom is a California DRE-licensed salesperson in Pleasanton and was engaged as a real estate professional during tax years 2006 … [Read more…]

Keith R. v. Super. Ct. (2009)

In Keith R. v. Superior Court of Orange County (2009), on Father’s request for a writ of mandate (i.e., ordering the trial court judge to act in accordance with its mandate), the Fourth District, Second Division, Court of Appeal found the family court judge erroneously applied the changed-circumstances rule rather than the best-interest test in granting … [Read more…]

Marriage of Fajota (2014)

The following case is an example of why it is important to remind the judicial officer to apply the Family Code section 3044(a) presumption when there’s been a finding of domestic violence against one of the parents and a parenting plan has to be determined.  Otherwise, the financial and emotional expense and delay of an … [Read more…]