Mountain Flowers

Mountain Flowers

Thursday, May 31, 2018

Did You try and Do Your Spousal Support Hearing... by Yourself?


If you DID try to do this alone, and you had no idea how it would work, it would not be uncommon to find that people would not know what to do.  Many people believe they can outsmart the ex and devise all kinds of theories on how to get it done.  In attorney's experience, it usually does not work and will come back to haunt the person who did it.

Modification of spousal support is often a difficult issue because it can involve many factors. When the client has not adequately prepared for these, (and most clients haven't because they likely don't know what they are nor do they know what judges are likely to do), we have seen some clients get burned and not be able to recover.  For example, we have seen a case where the parties only were really married for four years but one party's attorney--the paying party's attorney--told the client she had to stick with 9 years, even though they didn't live together for 9 years. Actually, not living together is only part of the equation, as clients can be married and be separated physically. However if the relationship is broken down and one party simply pays the other party to survive, it could be argued that this was spousal support even if it wasn't ordered. If that could be true, then that paying party has been paying for years on that--there should be some credit for that, if the relationship was over and the parties dated others?

That's just one example. Surely there must be many more on this type of issue. Don't make a big mistake to save a few thousand and then get caught later for MANY thousands due to a mistake. A big one at that.

Saturday, March 24, 2018

NEW 2018 DV Case out of Sacramento CA--in Female's Favor

Please bear with us---before we get to the published case from Sacramento, which was not our case, but shows what we often talk about,  thank you...................

WOO HOO!! Just won another DV in an unusual case (not in Butte County) where the female had two pets in her custody and got sued for having them by the ex live in--who lives at other end of the USA...
We helped her file the DV as she had prior DV case in another state, and asked that pets be under the protection order. Despite our doubts, the Court awarded her the order for 5 years (not 3) and she thus has DV protection as to the pets. Meanwhile, the ex is actually suing to gain something out of the pets, there is nothing to gain actually. And even though he hired an "animal law attorney" from another state, all we can say is, good luck on that one. They might as well have flushed that case down the toilet. (Attorney herein does animal law and for longer than most attorneys that know animal law...)
Second DV case-- just settled another DV case!! It does happen from time to time!!! [If we did not settle we would have won the case anyway...facts were in our favor....]
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Below is a published case from Sacramento involving domestic violence.


https://cases.justia.com/california/court-of-appeal/2018-c082857.pdf?ts=1519675297


....[D]uring a child custody hearing a year later in June 2012, Judge Kevin Culhane found that Riley still failed to comprehend the nature and gravity of his conduct.5 According to Judge Culhane, Riley involved a number of third parties, including his family members, in private parenting issues. The court found that Riley was the source of threatening e-mails Rybolt received from Riley’s sister and that his family members had followed her and copied private parenting documents. “Such controlling and intrusive conduct,” in the court’s view, “[wa]s fundamentally inconsistent with any finding that the [Family Code section 3044]6 presumption ha[d] been rebutted.”

Image result for domestic violence photos
(the photo above is not the victim, this is photoshop)

[J]udge Culhane further found that, “[m]ost fundamentally the evidence demonstrates an ongoing course of conduct whereby father attempts to blame multiple third parties, includ[ing] mother, mother[’]s boyfriend, other parties, the co-parent counselor, the former lawyer, mediator, and others for the continuance of father[’]s own activities.” Riley had also “drawn the child into these disputes on a number of occasions.”

This case is indicative that the courts are not wavering on protecting domestic violence victims.  It is in the DV victim's best interest to obtain a litigator that can best protect those rights.  If you need help, call today. Waiting can ruin your case as has been seen in the past for those who do not listen to good advice.

Thursday, March 15, 2018

The Biggest Compliment.............by 'Client'


Tina Taylor
a day ago
I spent five years embroiled in a highly contentious divorce in which I lost everything. As well, I was attacked by my ex-husband during that divorce, leaving me disabled and unable to work. My attorney did nothing to address this violence and in fact colluded with the other parties counsel. Judicial misconduct also took place in this case.
Obviously, this has left me in a difficult situation both legally and financially. I've spent the better part of a year searching for legal help with no luck whatsoever......... until I called Ms. Chan. Although she is not able to take my case, do to the county where it took place, she actually talked with me.
Not only did she speak with me for more than a few minutes sharing useful information with me, she did so pleasantly, willingly and for no charge. If that wasn't already more than kind and generous, she phoned me a week later giving me the address of a website that has proved extremely helpful.
Ms. Chan's moral principles and ethics are admirable, refreshing, and deserving of respect! Additionally, I read about Ms. Chan's advocacy for animals in her bio and in my opinion, that earns her extra points as a responsible attorney and a fine human being


Attorney posts this above---because:

(a) it is true
(b) things like this situation are more common than people realize
(c) Lassen County is definitely corrupt

(d) attorney herein has experience in family law, civil cases, criminal defense, bankruptcy, animal law, and probably a little more.....and even if attorney does not know the answer (which happens all the time)-- attorney is always willing to try and find out the answer....
(e) attorney believes that all clients appreciate it when attorney treats them like people, just normal everyday people, with common courtesy

(f) attorney believes that many clients are not treated very well by many attorneys generally
(g)  attorney believes that law school does not prepare attorneys to handle people at all, and that many attorneys simply believe they are too high on the chain, and must talk down to people
(h)  attorney doesn't believe that winning is everything in all cases, but for many of the cases, it is crucial.

 Last but not least, attorney has been involved in animal law cases and related issues, and has what would be considered a very high degree of knowledge in animal law issues, including breed specific legislation, dangerous dogs, personal injuries involving dogs/animals, negligence involving animals, animal control/animals, seizures, illegal seizures, humane society groups, fraud by alleged "humane" non profits [good,bad,sued or fake],  lawsuits involving animal control/animals/owners, replevin or writ of possession, abandonment/fines, rescue animals/groups [bona fide/not] issues of rational basis/health/welfare/safety, improper application of the BCS method used to convict owners, constitutional law published cases on First Amendment involving animals; issues involving service animals, therapy and emotional assist animals, vet negligence, animal abuse (or claimed abuse), penalties for alleged abuse or convictions, and more.   

Wednesday, March 14, 2018

Winning Doesn't Matter??

The real question is, would you want to hire an attorney to lose your case?

Most people love to say that "family law" means there are no winners. Well, maybe the people saying that,  don't win any cases, or feel that families all lose everything, or something different. Because there is no pat set of facts that create winning, it's obvious that if someone needs child support and gets the order, it's a win because they got what they requested?  If they got nothing, they certainly can't say they won in our opinion.
Image result for photos winning in court

Look at this, which we saw online:   ..."clients will want to find in an attorney, someone who is competent, communicative and diligent versus seeking out a win loss record..a win loss record is rarely a good measure in divorce and family law...."
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For some attorneys, maybe claiming a win loss record may not be a good measure of anything, but after many years of doing these cases, attorney herein believes that if a client desires an outcome, and attorney gets that outcome, that is a win for the client.  

If the attorney just wants to settle a case, that is an outcome, possibly it could be acceptable to both sides if each had to give up something, then it's a compromise.  Whether a compromise is a loss or win is usually up to the circumstances-- if a client had to really lose a lot in order to get the compromise, but overall in the long run it would be helpful down the road, that might be sort of a win over the long haul.


But telling people that a win loss record is not a good measure of a family law attorney is not necessarily correct, since any family law attorney that consistently loses cases is likely not doing something correctly.  Family law is much more difficult than it appears, and the emotional aspects alone make most attorneys run, run, run--away!!  The high emotional toll on the parties and even the attorneys means that certain attorneys could never, and would never, never, ever want to be in family law.  It is a fact that it was due to family law related cases, where the emotions tend to run higher than even in criminal cases-- that California started using weapon scanning to enter courthouses.  we know of several family law attorneys that were shot by the losing spouses in family law cases?    


If clients want to win their case, it should at least be for the right reasons. Calling the right reasons is half the battle, yet some attorneys simply churn out the work to get paid, which is their reason, not necessarily the client's ....that's a huge difference.  So attorney herein has no problems in stating that attorney is hired to win whatever the client wants, as long as attorney believes that under the law, that outcome is suitable.     

Monday, March 5, 2018

Domestic Violence+Animal Abuse...Yes-- There is a Link...

It is an unfortunate fact that domestic violence (DV) cases can often be linked to animal abuse cases.

If in fact you have a DV or some type of restraining order, or a protective order, it is often possible to include animals in the request. Also, a person being accused of having abused an animal, or if  he/she is already charged criminally with abuse (against person or animal) then this should be known to the attorney handling your case. Attorney has worked with many animal cases, and is familiar with the regulations that may apply.


Attorney herein is more than well versed on both DV cases, and animal cases, whether it involves being the victim or the assailant.  Having done both plaintiff and defense work, attorney can better understand the defense or plaintiff's factual basis and exact details which will lead to a better result for the client. We can never guarantee results, but attorney has had plenty of cases with good outcomes, especially difficult cases. Some cases we already know simply cannot be won, but other things can be changed to better the result.

So if you have a difficult case, you might consider calling attorney today. There is no charge for phone consultation in most cases, and you will find that attorney is very down to earth and definitely not like most attorneys.

Wednesday, February 7, 2018

Family Violence Appellate Project-- CA DV Survivor and Out of State Abusers


October 30, 2017The appellate court granted  publication request in the case of Hogue v. Hogue, making the decision binding legal precedent in trial courts statewide.


  California victims of domestic cyber abuse will now be able to get restraining orders against out-of-state abusers. The new published appellate opinion is binding statewide legal precedent that can be cited in any CA trial court case where the abuse survivor wants to obtain a restraining order against someone who committed an act of domestic abuse from another state, (i.e. cyber harassment or electronic abuse) as long as the survivor was in California at the time of abuse.


 The universal pervasiveness of social media has made it exponentially easier for ex partners to commit domestic abuse, cyber harassment, and other forms of online predatory behavior across state lines. This new ruling in effect extends the intention of California’s Domestic Violence Prevention Act to include modern electronic communications from out-of-state parties.





Saturday, January 20, 2018

When Parents Fail to Follow Court Orders

It is very common for parents to not follow court orders, especially when it comes to
visitation issues, and money issues.   When orders are not followed, it ends up costing
parents time, money, and turmoil.

Issues involving drugs, violence, fake reports to police, making up lies, and issues we see
on Jerry Springer are pretty common. However, this results in the client having to do a number
of things for example....

Having to draft and file a noticed motion for hearing with attachments
Having to possibly pay a filing fee, and fees to attorney
Having to take time off of work to sit in court and wait for your turn
Having to possibly interact with the ex partner
Becoming involved in mediation, which often doesn't work so well
Having to attend court again because the mediation didn't work out well
Having to attend a long cause hearing or trial because the mediation was
      way off base, you didn't get what you wanted, or someone lied and
      the mediator didn't believe you?

Part of family law issues is learning that even if you do follow the rules for parenting,
you still may encounter issues because of the other parent. This is a legendary process
in family law that will likely never change. It's usually not pleasant, and it isn't free, so
no one really likes it 100%.

Image result for mud wrestling pigs attorneys like it

Thursday, January 18, 2018

Bankruptcy and Divorce Proceedings

Since bankruptcy is federal law, the main differences for cases would involve the state laws likely tied to exemptions, the amounts, and the ability to file without jeopardizing the community division in California.  Also some civil law issues may come into play in divorces.



Since not all family law attorneys have practiced bankruptcy, it should be known that bankruptcy is considered not only legally complex, but technically as well.  It rivals the USA Tax Code, and it is routinely changing as well. Debt can be categorized as secured, unsecured or partially one or the other, and a means test is required at the outset just to see if one is qualified to file at all, in theory.
If the hurdle is passed, there are many other considerations, such as the dates of payments, property actually owned or not owned, and countless other questions.  The typical paperwork in a Chapter 7 liquidation is now running about 100 pages (the same filing documents are used, with possible additions, depending on circumstances.)  A Chapter 13 case (repayment plan) may be something that is filed after a Chapter 7 is completed, or it can be filed alone, depending on the debtor's circumstances.  In some instances a Chapter 13 may be the only viable thing available to save a property from foreclosure.

Attorney has first hand knowledge of these scenarios within divorce litigation, including the law and motion hearings in federal court.  Some spouses misuse or attempt to misuse the process to get out of paying support. Rest assured, all support is considered a priority debt and will not be affected adversely unless there is wrongdoing by the non filing party. In fact, attorney fees spent for spousal support in bankruptcy should be claimed in the divorce.  There are so many situations that can either affect, conflict, or ruin a bankruptcy filing that listing them here would not be prudent.  However, the fact that parties in a divorce may face bankruptcy filing while in the divorce, is somewhat dangerous.

All bankruptcy filings are normally public record. The location makes no difference if it is in the USA for the most part. You can access PACER online if you sign up for an account and it is free but you must pay for the copies you make, normally quarterly. If a spouse finds that their other half has filed bankruptcy without notifying them, they should inform their attorney immediately. Attorney has seen a case where the wife racked up over $100,000 of unsecured debt without the husband knowing it; then when he found out, the community property house was stuck in the Chapter 13 they filed.

Further, the wife left the husband and not only kept the house, she got rid of all the debt and likely kept her pension, and she earned about 3 times what he earned yearly.   Attorney refused to settle the case on the unbelievable grounds just stated,  but the husband cracked under pressure and succumbed to family pressure-- but only after attorney forced client to terminate her as attorney.  Attorney does not knowingly allow clients to lose most of their savings, the house, and credit, simply because someone can get away with it.
That was one of the worst cases ever seen, there was no even division of property or anything else actually. The husband just walked away with very little, and had no problem for another attorney helping him draft the deal. Attorney finds such an uneven split (while under emotional upheaval) to be both wrong, and rather oppressive, and would never agree to help a client execute something like that.