Interesting rulings

Do you need to obtain a domestic violence restraining order against your ex-partner, former spouse or someone you used to date? Do you have questions as to whether the conduct of that person rises to a level that will satisfy the standard for a restraining order? In California, Family Law Codes sections 6320 and 6203 […]

Benjamin Franklin once said, “[i]n this world nothing can be said to be certain, except for death and taxes.” What if death happens in the midst of a divorce or after judgment has been entered in a divorce case?  California law provides that if a party dies while a divorce case is pending, then the […]

Most prenuptial agreements include a provision in which the future bride and groom agreed to waive their statutory right to receive spousal support from the other in case of a separation or divorce.  Sometimes, instead of a waiver, the parties will agree to limit the amount and duration of the spousal support payments. In January […]

Under California family law codes, real properties acquired during marriage are generally presumed to be community property.  However, this presumption is triumphed by the “form of title” presumption which holds that the description in a deed as to how title is held is presumed to reflect the actual ownership interests in the property.  In other words, […]

The U.S. Department of Labor has issued a final rule on the use of the tip credit under Section 3(m) of the Fair Labor Standards Act (FLSA).  Tip credit is the amount of hourly wage that a restaurant owner can add to the hourly wage actually paid to a tipped employee in order to satisfy […]

Family law is the one area where the cases are abundant and the majority of the litigants are pro per (not represented by counsel).  Due to the high-volume court dockets and limited resources, many courts have adopted local rules to facilitate order to show cause hearings (where you ask the court to make an order) […]

For the avid Yelp reviewers out there, a new decision from the California Court of Appeals may make you think twice about posting an unfavorable business review. In Wong v. Tai Jing et al., http://www.courtinfo.ca.gov/opinions/documents/H034059.PDF, a pediatric dentist sued the parents of the child she previously treated for posting a negative Yelp review accusing her of various […]