714-871-7778

Call Us Today for a Free Consultation

Search

What Is Considered To Be Date Of Separation In California Divorce?

Prior to January 1, 2017, pursuant to the decision in the California case of In re Marriage of Davis, a 2015 case, if the parties were still residing under the same roof in the same household they could not consider themselves to be "separated" for purposes of getting a divorce or legal separation and for utilizing that date for a "date of separation". That all changed commencing January 1, 2017 when Family Code Section 70 was added to the California Family Code and took effect. Family Code Section 70 reads as follows: (a) “Date of separation” means the date that a complete and...

Continue reading

New California Vehicle Code Sections On Smoking or Ingesting Marijuana While Driving- Either as Driver or Passenger

California amended their Vehicle Code to include violations for smoking or ingesting marijuana (or any marijuana product) while driving a motor vehicle or while being a passenger in a motor vehicle. Violation is an infraction- which is treated the same as a traffic ticket. Commencing January 1, 2018, California Vehicle Code Sections 23220 and 23221 now state: California Vehicle Code Section 23220 (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c). (b) A person shall not drink any alcoholic beverage or smoke or ingest...

Continue reading

The Effect of the New Tax Law on Spousal Support in California

Under the Federal government's enactment of the new "Tax Cuts and Jobs Act of 2017", the tax consequences of spousal support (or alimony) will undergo a significant change. Spousal support that was once deductible by the person paying the support and taxable to the person receiving the support will cease. Commencing January 1, 2019, spousal support will no longer be deductible by the person paying the support (payor) nor will the support be taxable to the person receiving the support (payee). This ONLY applies to Federal taxes and does not change your state tax deductions. However, IF the parties have a...

Continue reading

Is There Such Thing as a “Functional” Meth User, Allowing Custody to Remain?

In the California case of In re. Alexzander C., the California Second District Court of Appeal agreed with the trial court and allowed the Los Angeles County Department of Children and Family Services to remove the 11 and 14 year old children from the home in order "to protect them from substantial danger." Richard, the father, was a good father, except for one problem: he used meth four times a day while holding the same job for 27 years. He provided for his family and made sure his three (3) children (now11,14, and 18) had healthy food, a clean home, and...

Continue reading

Liability of Social Host in California

Prior to January 1, 2011, a social host who furnished alcoholic beverages to any person would have no liability for damages sustained by that person or for injury to the person or property of, or death, of any 3rd person resulting from the consumption of those alcoholic beverages. The court reasoned that it was not the furnishing of alcohol that was the proximate cause of injuries or death to the intoxicated person, but rather it was that person's consumption of alcohol that was the proximate cause. However, that law was amended in 2011. Effective January 1, 2011, California Code of Civil...

Continue reading

Mandatory Reporting Of Accident To Law Enforcement And DMV- Increase in Property Damage Minimum Effective 1/1/2017

In California, pursuant to California Vehicle Code section 20008, any driver of a vehicle (or their representative) that is involved in a auto accident which results in injuries or death of any other person (other than himself or herself and whether it is a driver, passenger, bicyclist, pedestrian or motorcyclist) is mandated to make a written report of the accident to the police department in which the accident occurred or to the California Highway Patrol within 24 hours.  Further, the driver is required to give their name, current residence address, the names and current residence addresses of any occupant of...

Continue reading

Do You Need a Personal Injury Attorney for an Auto Accident?

We get this question a lot from people who call us to better understand their options after an accident. If you have insurance, they ask, why should we bother with an attorney?  Insurance is supposed to cover all of that type of stuff.  Very true. You shouldn’t need an attorney. You pay monthly premiums for years without having to every call them about an accident. The problem is that insurance companies don’t work for you, they work for their stockholders. They must reduce their overhead costs to make profits.  This is why they quickly settle cases to avoid having to...

Continue reading

DRUNK DRIVING (DUI)

We’ve all heard horror stories about the inherent dangers in drunk driving. Getting behind the wheel of a car while inebriated is risky – for yourself and for others. However, while the laws are written in black and white, life is not so polar. There are many extenuating circumstances that may lead to such a conviction. Difficult situations may seem to fly out of left field, and people make mistakes. It’s only human. In dealing with the legal side of drunk driving, it’s important to find a lawyer who knows that just breaking a law doesn’t make you a “bad person”...

Continue reading

Do You Need a Personal Injury Attorney After an Accident?

People with insurance often think that attorneys are unnecessary after an accident because “my insurance company will handle it.”  They believe that because they pay an insurance company monthly that company works for them.  It seems a waste to involve an attorney.  The only problem with this is that insurance companies work for stockholders, not the people who pay them premiums.  To the insurance company they are being paid for a service.  Their real goal is profit.  When an insurance company goes to settle on your behalf they are not looking to maximize what you receive, but to settle quickly. ...

Continue reading

What Is a Marital Settlement Agreement?

Depending on the circumstances of your divorce, most divorces - legally known as a Dissolution of Marriage - will involve one or more of the following issues: custody, visitation, support (child and spousal), and property distribution (assets & debts). Many couples are able to resolve certain issues prior to trial and proceed to trial only on a limited number of matters. For example, a couple may reach an agreement as to the distribution of the marital property but are not able to reach an agreement as to custody, visitation, and support. In that instance, the only issues that will be...

Continue reading