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Thursday, December 17, 2020

Corona Virus 2021 and How It Can Affect Your Case?

Many "self-represented" litigants have very little understanding of the court system, the protocol, and what to do in Court?

This is not surprising, even with about 70% of clients representing themselves (in CA courts...)

Therefore, if you are representing yourself and cannot possibly afford an attorney, you should at least do some research to figure out how you can increase your chances in Court...this can include any motions, hearings, or documents you file, and exhibits; and if you are not sure how to represent yourself and do stand to LOSE a great deal (of either time, money, or your kids) then it is well worth your effort to pay to have someone who can bolster or increase your chances in court, if only because, the person helping you will know what she/he is doing (because she has done it for decades?!)

Attorney herein (attorney C. Chan) does help litigants win their own cases, and of course will also represent clients in entire cases as well. Some clients are better speakers than others, so if you are not good at doing that, it's best to get some help if possible.

Many times you may be forced into using what is known as "court call" which means you might not go to the court and have to do it from your home over the phone. This is not usually the best way to make your case but sometimes we don't have a choice because the Butte court is limiting litigants to around 11 people at one time in the courtroom. If you believe you need help on your case, please feel free to call--we can possibly help with suggestions that might help your case get a better result. We are very swamped like most offices but we are doing the best we can. :) We might be able to get some points clarified that would work for a judge and mediation, it's hard to say until we know what you have.

Saturday, December 12, 2020

Pitbull Litigator-- If the Hat Fits? Federal Court Litigation+ Famous Landmark Supreme Court Case U.S. v Stevens, on First Amendment Violation..and Toledo


Attorney Chan is well qualified to speak on the issues involving the dogs commonly known as "pitbulls" "APB😏 😄 Ts" (American Pitbull Terriers) or just "pitbulls" (generic classification for which there is not necessarily known genetic markers or proof that such dog is actually descended from APBT actual line, and there is no genetic link necessarily...dog might just look like one?)

Why is that?     


The "why is that" ---  is because attorney Chan has long studied the issues, starting in 2002, and litigated in CA state and CA Northern and Southern District Federal Courts and Denver CO Federal court--by attorney herein,...... over issues involving the dogs and the dog breed laws which often "ban" such dogs. Also, in working with the American Canine Foundation, attorney was part of the higher case (published) in OHIO, see: 6/26/2021 toledo supreme court pitbull american canine carolyn chan - Google Search https://www.animallaw.info/case/toledo-v-tellings-reversed-871-ne2d-1152-ohio-2007 (this is the appeal that was won..) City of Toledo v. Tellings, 114 Ohio St. 3d 278 | Casetext Searc… Supreme Court of Ohio ... Scott J. Saum and Carolyn Chan, urging affirmance for amicus curiae American Canine Foundation. ... 2} Appellee, Paul Tellings, a resident of the city of Toledo, owned three dogs identified as pit bulls. ... process because, once the trial court had determined that the American Pit Bull terrier was not ... https://casetext.com › ... › OH › Supr. Ct. › 2007 › August CITY OF TOLEDO v. TELLINGS

| FindLaw Case opinion for OH Supreme Court CITY OF TOLEDO v. ... Scott J. Saum and Carolyn Chan, urging affirmance for amicus curiae American Canine Foundation. ... once the trial court had determined that the American Pit Bull terrier was not ... https://caselaw.findlaw.com › oh-supreme-court BSL and the ACF History of... - The Anti Breedism Alliance ... The United Kennel Club (UKC) recognizes the American Pit Bull Terrier and the ... Moreover, to qualify as a member of a recognized breed, the dog must be ... The Supreme Court of Iowa reached a similar result, rejecting as ... By Scott J.Saum and Carolyn Chan ... ( Tellings v Toledo ) ------------------------------------------------------------------------------------- Attorney herein has worked on these issues in Northern District Federal Court San Francisco, and although we did not win on the issue of pitbull dogs being treated disparately in 2007 in DENVER Federal Court----(years ago),many MANY attorneys have attempted to change the law in Denver banning pitbulls since 2008 BUT-- none of them EVER succeeded..... and just for the record, attorney herein believes that the 2013 ordianance in the City of San Diego violates the Cartright Act of CA, wherein all of the claimed non profits and humane groups and pounds can sell any animal they want while bona fide sellers of same cannot sell unless they actually obtain them from the aforementioned groups???? --------------------------------------------------------------------------------------- Not until January 2021, did the law in Denver CO finally get changed, not via litigation--which had been futile since 2007--but by gaining social media and dog owners to put pressure on Denver local government---they finally got the government to get rid of the dog ban !!! Everyone these days realizes that the pitbull is one of the most widely liked breed type (despite the haters...) See https://www.k9ofmine.com/pit-bull-types-bully-breeds/ for a decent explanation of the breed types....I would say that this is pretty much on point. Many people "adopt" dogs they know nothing about. If one is NOT ve-e-e-ry knowledgeable about canines, has little to no experience with dogs, and has children who have no correct knowledge (behavorial and otherwise) of dogs-- I would NEVER recommend obtaining ANY dog type for kids, unless they were already taught about dogs and dog safety!! ------------------------------------------------------------------------------------------- Even so, if the parent has little to no knowledge of dog safety, that parent has no business in even buying or adopting a dog until that parent has learned dog safety him/herself FIRST. The leading cause of injuries by dogs is sually negligence of the owner, or negligence of the person who allows a dog to harm a person. For example, in San Diego, a very foolish Humane Society adopted out a HUGE 60+ pound terrier breed, to a couple with a YOUNG infant-child. These people had, obviously, NO knowledge of dogs whatsoever, and should NEVER have been allowed to adopt such a dog. the fact that the parents even considered brining in an UNKNOWN adult dog to their house while they had a very young bab or child was just plain stupid, and the Humane Society should NEVER have even allowed them to take the dog. Nevertheless, the Humane Society let them take the dog and what happens soon afterward? The dumb parents let the DOG sleep in bed with them and the BABY and the dog bit the baby's head and killed it in the bed??!!@!! This was completely AVOIDABLE people----this is pure negligence on the parents' part, and pure stupidity on the Humane Society--who should have been sued by the parents for allowing such an "adoption!"....Tradgedies like this should never, never, never happen. They end up happening usually due to both stupidity, lack of any common sense, and just being idiotic. -----------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------- ...Many "pitbull" dogs are actually not APBT but are mixed down (mongrels) which can cause issues. The reason for this is due to fact that the actual APBT dogs were bred by using a bulldog and small terrier dog; they were used for dog fighting wagering, and not for killing. The original size was about 35lbs, NOT 70lbs. People began later to mix molosser type canines with APBT and in part, this has caused harm to the dogs, since one cannot use cross overs from unknown lines and expect to produce a line of dogs which have certain characteristics.

https://youtu.be/W6Ey74D8bk4 (This link to a utube video by APBT dog owner...) Attorney has worked with well known canine experts and has studied the subject for many years. in fact, our canine expert was actually used in the Landmark case of U.S. v Stevens, LII Supreme Court UNITED STATES v. STEVENS ( No. 08-769 ) 533 F. 3d 218, affirmed. Syllabus Opinion [Roberts] Dissent [Alito] HTML version PDF version HTML version PDF version HTML version PDF version Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 . SUPREME COURT OF THE UNITED STATES UNITED STATES v . STEVENS Certiorari to the united states court of appeals for the third circuit No. 08–769. Argued October 6, 2009—Decided April 20, 2010

Congress enacted 18 U. S. C. §48 to criminalize the commercial creation, sale, or possession of certain depictions of animal cruelty. The statute addresses only portrayals of harmful acts, not the underlying conduct. It applies to any visual or auditory depiction “in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed,” if that conduct violates federal or state law where “the creation, sale, or possession takes place,” §48(c)(1). Another clause exempts depictions with “serious religious, political, scientific, educational, journalistic, historical, or artistic value.” §48(b).

The legislative background of §48 focused primarily on “crush videos,” which feature the torture and killing of helpless animals and are said to appeal to persons with a specific sexual fetish. Respondent Stevens was indicted under §48 for selling videos depicting dogfighting. He moved to dismiss, arguing that §48 is facially invalid under the First Amendment . The District Court denied his motion, and Stevens was convicted. The Third Circuit vacated the conviction and declared §48 facially unconstitutional as a content-based regulation of protected speech.
Held: Section §48 is substantially overbroad, and therefore invalid under the First Amendment . Pp. 5–20.


What this means, is that animal activists got HSUS to try and convict the guy who was selling historical videos of dogs, not that different from any movie which shows beating of slaves, killing of Indians, torture of ethic people, or barbaric actual events from the past?

BUT the United States Supreme Court found that the animal activist statute (on snuff films using animals) was not only poorly written, it was illegal in the sense that the Court found a ton of things wrong with it (by using the parameters of constitutional law)...THUS- the District court below received direct testimony from OUR expert who lives in Washington. The rest is HISTORY--and the law had to be stricken and re-written properly. This was just another tactic by activists trying to smear legally operated businesses!!

Attorney recommends that people interested in obtaining the "right" type of dog check out the Dog encyclopedia book, or the book on 150 common dog breeds, BEFORE even attempting to buy a dog or even a "rescue" dog. MOST dog rescues do NOT know the actual history of many of their dogs, the lineage or even anything about the dogs.

In SOME cases they may have data from the pound (and that is usually sketchy, but a temperament test was likely done at the pound..) I cannot tell you how many people with absolutely NO canine knowledge at all, will just buy any canine without researching a thing. AS A HORRIBLE EXAMPLE--A HUMANE SOCIETY IN SAN DIEGO SOLD A DOG TO A COUPLE THAT HAD A NEW BABY. THEY SOLD THEM A HUGE DOG, RESCUED PURPORTEDLY...no humane society should EVER, EVER sell or adopt out ANY large breed dog, to parents of a new baby in household??
It's common sense so obviously this humane group did not do its job correctly.
Especially when the parents know nothing about dogs, or how dogs act, and especially a rehomed large dog which appeared to be part bully dog or in that family of canines? ANY rescue or humane group should know better than to give such an animal to a family with a newborn baby. AS it happened--these dumb parents put this huge dog in BED with them AND with the new baby?? Utterly stupid, stupid, stupid. So what happens? The DOG ended up killing the baby right there in the BED???

All of this could have been avoided by: (1) Never adopt out any large breed dog to new owners who probably had no clue about dogs at all. (2) Never adopt out any unknown pound dog to owners who have no experience with dogs.(3) Make new owners pass a test (written) re dog ownership (4) Ask simple questions of would-be-new-owners as to safety, dog safety, and child safety? There is no other way to know unless this is done in person !!!!!

That is sheer stupidity and all children should know dog safety BEFORE obtaining any dog!!! Most children are bitten on the face due to lack of supervision, parents who are idiots, and parents who have no idea of what it takes to own a dog. No child who lacks dog safety training should have a dog, simply because it's dangerous. Many schools offer dog-child safety training. If you cannot locate this help, contact me and I will find the help for you.

The encyclopedia book is huge and fairly expensive but will last a lifetime. You should also research online but be careful what sources you are believing. There is a lot of untrue data out there. And if you are inclined to buy a dog off the internet and have it shipped, you should do much research first. It is difficult to return dogs that are shipped from breeders you know nothing about. Here are examples of what you can learn by reading-- (Mastiff)--
For APBT Dogs.....
Most of the canine litigation out there involves federal law, rational basis, and criminal cases, civil cases and local laws. In addition, attorney has done dog rescue for over twelve years and is readily familiar with animal shelters and related penal code (for example PC597, PC597.1,etc) which focuses on alleged "abuse"and has handled criminal cases involving animal laws as well.

SEE https://petdefense.wordpress.com/ Attorney is likely one of the few attorneys outside of  San Francisco, Los Angeles and San Diego, that has first hand knowledge and data on canine issues involving certain breeds, restrictions in the sales of dogs, and the abuses by certain non profits claiming to be "rescues." Non profits do not pay taxes. Yet some BUY animals including dogs, from auctions and then resell them, claiming they are rescued? For example, a claimed rescue group paid over $7k (yes, seven thousand) for one dog that was pregnant, then they SOLD 3 of the pups for over $4,000 EACH. Importing alleged "rescue"dogs has resulted in new strains of virulent disease not seen in the USA prior.




Let's get real people---if you are selling dogs, fine. But don't claim that doing it under a 501(c)(3) makes you a "rescue." It in fact, does the opposite.

And an update on one of the biggest dog related cases in the state, is continuing in Sacto Federal Court where the owners are suing Placer County/others,  because the non profit "humane group" acting as the animal control apparently, has been accused of illegal action. Attorney herein already knows what happened because attorney worked on the case for a year previously, before any lawsuit was filed.

Attorney herein believes the case is a civil rights case, and when coupled with PC597.1, proves that the PC597.1 code was applied improperly,*** resulting in great harm.

https://casetext.com/case/dahlin-v-frieborn-1
The case may have been dismissed but if it was, crucial data was not used and instead the case may only have used a government claim and failed to single out a non governmental entity, even if they worked together.
 [In constitutional law as to statues, one either uses the strict wording, or "as applied" to the case; in this case, they used the strict wording to create knowing harm and blatantly ignored the "as applied" which was very very obvious.] Placer County is no stranger to these type of cases. Years ago in a horse case, the owner found her horse was given away to a government employee without due process. If we get rid of due process, then this obviously means our government is way way off base.

***
  • California Court of Appeals, 4th District: "Our role in construing a statute is to ascertain the intent of the Legislature so as to effectuate the purpose of the law. (People v. Jefferson (1999) 21 Cal.4th 86, 94 [86 Cal.Rptr.2d 893, 980 P.2d 441].) Because the statutory language is generally the most reliable indicator of that intent, we look first at the words themselves, giving them their usual and ordinary meaning. (People v. Lawrence (2000) 24 Cal.4th 219, 230 [99 Cal.Rptr.2d 570, 6 P.3d 228].) 
  • We do not, however, consider the statutory language in isolation, but rather examine the entire substance of the statute in order to determine the scope and purpose of the provision, construing its words in context and harmonizing its various parts. (People v. Acosta (2002) 29 Cal.4th 105, 112 [124 Cal.Rptr.2d 435, 52 P.3d 624].)" Alford v. Superior Court(People) (2003) 29 Cal.4th 1033, 1040

Saturday, November 14, 2020

CUSTODY LAWS CALIFORNIA

CUSTODY LAWS CALIFORNIA This is from a So Cal attorney group, there is no use re-writing the laws here as you can simply read the laws as linked below, but Butte local rules will make a slight difference, we only have 2 judges for Family law; one judge is a former family law attorney specialist and the other new judge was a former district attorney. In larger jurisdictions, there may be at least TEN family law judges rather than TWO....... https://farzadlaw.com/california-child-custody-laws-guide

Thursday, November 12, 2020

NEW...EXPANDED PARALEGAL SERVICES, Butte and local areas, NORTHERN CALIF. 530.497.0777

 We are now promoting expanded paralegal services for local northern counties ....we can usually work on issues such as document production for Family law, Request for Orders including visitation, custody and mediation; CALL US AT SAME PH # 530 497 0777..... Divorces-- either uncontested, OR Contested, including visitation expansion; discovery, claim forms, all family law discovery including requests for financial holdings; requests which require a private investigator, and the like. If you need investigator work you have to either hire your own, or we can refer you to one....

See www.justicefactorx.com online ----     to view...

We also can provide document production and assembly for court filings including evictions, stay away orders, domestic violence and civil harassment and personal service of such documents via registered server. 

When and if COVID ever subsides, the huge backlog in all courts will mean it's best to do it sooner than later, regardless!!

Any questions just call us!!? Friendly/ easy to work with!


Wednesday, November 11, 2020

Veterans Day Salute!!!

For all veterans! Today we give our thanks for all those nationwide who have served our country and helped So many...we are eternally grateful!



 


Saturday, November 7, 2020

How Many times Can You Say Something Over + Over Before People BELIEVE It?!

The "illusory truth effect" (also known as the illusion of truth effect, validity effect, truth effect, or the reiteration effect) is the tendency to believe false information to be correct, after repeated exposure. ... The first condition is logical, as people compare new information with what they already know to be true. Typically, in the news and in entertainment on TV, and of course politics, we can see this happening all the time.

Particularly with most of society, often glued to the Internet (not a book) but a computer, phone, tablet, etc.--people and even children may know how to
"read" but the truth is, actual reading these days is not something all kids do that well. Of course they teach it in schools but reading takes some initiative and time, whereas being glued to a TV, computer games, programs and ads not to mention Utube and the crap they push out there for kids--it's not surprising that kids today do not exactly learn things the old fashioned way?

If one thinks about it, if you keep repeating the same actual truth to a Judge in court, as to what you are saying--will the Judge eventually just believe you? In attorney's experience, the answer may likely be NO, because usually once a pro se litigant (without an attorney) starts up with the same argument, the Judge just won't want to hear it. Not again.
So basically when attorney herein reviews pro se documents [by those who have not had an attorney] for court that make up the case file, if there was never an attorney on the case, attorney will note that repetition galore has in fact been placed into the case file by the unrepresented litigant. Because judges like to hear legal reasons for why they should or should not do something, attorneys must somehow explain that legal reasoning if it exsists.

But believe it or NOT, even IF the pro se litigant does PUT that legal reasoning into his or her documents, many judges will just not take the time to read it all [from what attorney herein has noticed over the years] and will defer the case to mediation or wherever [it could be called something else in different areas or counties]..... Thus, after reading thousands of these documents over and over, it becomes apparent that attorney must restructure how the client does or does not take actual data, and what the client must do, so attorney can prepare the case so that you can win, since I don't think people prepare a case in order to lose it?

It is this exact problem that attorney can help nearly all clients with, plus the fact that attorney has been trained in people interaction and sales, which means it's a lot easier to convince someone about a fact if you can direct the explanation in a certain way? While all attorneys can make arguments if the case is on their side, not all attorneys are that good at arguing something that is not on their side? And to be honest, NOT all cases which have bad fact patterns can be changed--there are some cases so bad that they are not capable of being changed. However-- most cases can be changed to some degree.

Attorney does excel at changing bad cases, if only because this is what attorney has an interest in---fixing cases that were not fixed, changing the mistakes or throwing out some things and bringing in new evidence, there are many ways to change a case. One of the few things that often cannot be changed is when one parent has over-bonded with a child to point that the other parent basically has no contact with the child, and no type of positive relationship. Or one parent has just given up entirely.
Or where one parent has an affliction (usually mental) that cannot be improved, and no one seems to believe that it's true that such a condition can be detrimental to a child or even teen? Due to disability rights, Judges cannot discriminate on that, however, the fact that a person has such an affliction which CAUSES either bad behavior, or illegal actions, simply cannot be ignored. For obvious examples, severe mental illness is often linked to men being imprisoned in jail? The facts prove that about 67% of men in prison suffer from some type of mental affliction, even starting at ADD, sometimes left untreated, and far worse mental maladies.

For example, diagnosis by physicians which indicate a person is in fact, bipolar, can mean that if several doctors render the same conclusion on the diagnosis, a person so diagnosed is entitled to social security disability? Surprisingly, not everyone knows that? Many bipolar patients cannot keep a job for longer than 1-3  years. So obviously the social security might be helpful. 
So let's say that your ex actually is diagnosed with bipolar disorder, and that his or her past conduct was detrimental to the kids. While the bipolar status itself is a disability, would the court allow bad or unsafe conduct by the bipolar parent as to the kids? The answer should be NO. IF a judge is not aware of psychiatric afflictions, he or she will need to become aware of how a mediator might handle such issues. Attorney has seen it countless times--not all mediators do the same things on all cases.

Attorney is very aware that Butte County has a high incidence of mental illness when compared to statewide CA counties. Therefore knowing how to handle these types of cases is important, especially when the afflicted person cannot get any help from his or her own doctors? 
      These issues can be extremely difficult, especially when opposing attorney becomes fixated on having some type of medical documentation that the doctor will not or cannot produce for institutional or other reasons? At that point the client will likely have to either seek help from the actual agency at a higher level, or contact the local county involving mental health to see if workers there can suggest alternatives.
https://www.psychologytoday.com/us/blog/psych-unseen/202001/illusory-truth-lies-and-political-propaganda-part-1

Tuesday, November 3, 2020

Do you have a Difficult, Challenging, or Near Impossible Case?!

Cases which fall into this category can be very difficult because no attorney may want to work that hard, the fees charged would be way too high, or the client realizes not everything can actually be resolved. Attorney realizes however, that every case comes with different issues and parameters and many cases that seem quite daunting might be able to be broken down into sections first.

Then it might be, that if one issue is not related to other issues, the lesser issue might be overcome and start paving the way for various changes which can slowly at first, not be so obvious.Attorney says this because attorney is always finding issues within cases that have been ignored, glossed over, or handled improperly. This means usually, that there is hope for the case!

When document preparers handle for example, monetary issues within a case, there might not appear to be a big problem at first, so they put that into a category of no action. BUT if that preparer failed to realize there was a time-related or time-barred problem, a lot of issues might arise that could cause the case to go very differently? Possibly, very badly?
Because clients usually don't know the law or even some of their own rights, it stands to reason that clients may stand to lose more than they bargained for, especially when the other party controlled the finances. Or when one party, say the husband, earned quite a bit during his work tenure and the wife earned less than half the amount but has a mediocre job, should the wife give up spousal because husband doesn't earn as much now?

In family law it is true there are a few rules that may appear to favor certain parties, but for the most part, most litigation is often centered on custody of kids, support to be paid or not (spousal),physical or mental issues, drugs, move-aways (with or without permission), abduction, schooling, and domestic violence. If bankruptcy arises, this can make the case more difficult depending on what issues are involved--and it's very unlikely that even if a case is not heavily disputed--the fact that spouses may have separate or joint debt may be a huge issue and bankruptcy can more adversely affect one spouse in some cases?

Some litigants believe they can file bankruptcy and get rid of spousal support, for the most part, that is not highly likely and if properties are being sold, traded or hidden; if assets have been hidden, or other investments, if tax returns may be audited (and one party was filing non-kosher returns) there can be some very ugly problems ahead. Secured debt may create issues, outstanding debt owed to the couple may cause .issues, lawsuits may cause problems, separately owned property if commingled with community funds can be an issue, secret winnings (gambling, lottos, etc.) owned rentals and owned anything else (like planes, businesses, huge income on undeclared properties, and etc.) may all come up when one least expects it.

Because of these possibilities, many clients with higher incomes can then hire attorneys. But for those without higher incomes, one party may get drastically taken advantage of because he or she has no funds for an attorney; but that spouse may have equity in undivided assets. Therefore, it would be likely that one still might find an attorney to help out, even if the client cannot put up much money for the retainer. If you believe you are in this boat, call attorney. You never know what can happen.

Wednesday, October 28, 2020

The Challenge to Fix, Modify, Change, or Set Aside Improper Results after RFO Hearings; Prior Errors or Other Mistakes

In most cases, clients file a Request for Order (RFO) in Family law to modify something, ask for different legal reasons, or claim that the other party is doing, did, or will continue to engage in wrongful conduct, etc. While properly done RFOs are usually not heard for longer than 20minutes at most, many pro se clients simply do not have the ability to make the proper arguments, especially when they do not know the procedure, laws, or characterization of what legal theory they are attempting to present. Typically pro se clients start arguing their positions but do not understand the legal theory supporting their claims, if they even have one; further, most judges do not spend much time on non legal arguments unless the case is so bad, it's obvious what has occurred (child beaten up, child abandoned, child left with drugs in home, or other adverse conditions not on par with proper care of kids.)
THEN IF "MEDIATION" is ordered, which it usually will be, clients do not have a clue as to how to prepare for it. During COVID, the parents usually do not even get the luxury of meeting the mediator, and only get to talk on the phone with mediator. This makes the case much more difficult unless attorney such as attorney herein, sets up a session to coach the client on how to handle mediation. Failure to prepare is a big mistake and often will result in losing whatever you are trying to get. However, if handled carefully BEFORE any type of negotiation or actual mediation is done, a client can be more adequately prepared and his or her chances can usually be bettered.

Attorney has long known this and has methods of doing this, while it cannot be guaranteed, it will obviously be better than NOT being prepared at all !!! Of the clients that attorney herein has interviewed, almost none of the clients know much about mediation at all, and are seldom adequately prepared. If the mediator does not go in your favor, the usual way of trying to change that is to set for trial. In many cases, the Judge will adopt the mediator's recommendation about 70% of the time, but if one has an opportunity to change that, it would have to be set for trial.

In attorney's estimation, a certain percentage of mediation reports are not on point, but in general, attorney does have an idea of what to expect simply because of what has occurred in the case, which judge is handling the case, and how good of a listener the client is. Clients with issues involving drugs, crime or arrest will have more trouble; also any abuse, whether domestic violence, or harassment or other chargeable offenses will hurt the case. There are MANY things that some parents do that can easily wreck a case.

HOWEVER there are also steps to overcome this if the client is determined. Attorney is very interested in difficult cases because of the challenges. Easy cases are usually fairly boring, and attorney is not that interested in boring issues to be honest. Just saying!!!

Tuesday, October 27, 2020

Attorney's Favorite Dog Holiday Video--Oldie but Goodie!!!

https://www.youtube.com/watch?v=AUtPKbMwnRo&eurl=http://www.borzoi.org/ https://youtu.be/zUO-rCahoU4 animals doing tricks LOL Liberals in CA have steadily eroded the animal and pet industry, claiming that no one should be able to sell animals at a profit. YET many animal rescues are able to do the same thing, especially if the animal they obtain is an expensive one, and then as a "non profit" (if they actually are one) can index everything off anyway, and that's assuming they are even compliant with the AG laws on 501(c)(3) groups, which many are not in compliance, and no one bothers to check? Why?

Because there is no law that regulates "rescues" and there is no oversight for rescues in California? Further, there is still likely no oversight for groups that claim they are non profit but actually make profits off of reselling seized pets? Let me give an example. An alleged rescue group seizes 30 dogs or puppies and uses the CA penal code to do the seizure. Likely illegally from what cases attorney has seen.

THEN these people get together and make up a story which is not actually true, and then SELL the very animals that they claim NO ONE should be allowed to sell? (They have a law passed which makes it illegal to sell an animal such as a dog or cat--- ONLY the non profit or rescues or the pound is allowed to SELL the animals?)

" On Jan. 1, 2019, California enacted a prohibition on the sales of dogs, cats and rabbits in retail stores unless the animals were acquired from a shelter or rescue group that has a cooperative agreement with a shelter, humane society or society of the prevention of cruelty to animals."

THUS this means that a "rescue" can sell at retail, any animals they supposedly obtained via some agreement with a shelter, humane society or society for prevention of cruelty to animals. This means then, IF a "rescue" "humane society" or SPCA manages to broker a deal with people just outside of San Diego, an endless stream of animals simply gets moved into California and POOF ..... we now have thousands of puppies from other states and over the border? People--this has been going on for many years!!! It has long been known that the alleged non profits simply want to PROFIT themselves without being known as sellers of animals at a profit?

In this county, do we really believe that no rescues are making bank? If you believe that then you don't know much about sales, resale, or animals as pets. The truth is, there is a shortage of available good pet stock, and the animal rights rescues purposely intend to keep it that way so that they can lure you into the poor liddle puppy dog syndrome like an idiot? Because you bought into their baloney nonsense? So much of the public have never understood this bait switch nonsense. But because we worked in the industry for years, we have long known how it works.

Forget buying an animal from a rescue unless it's a cat rescue. [Cats have very little value when it comes to obtaining a cat unless it's a very expensive breed.] Buy your own puppy from a reputable breeder that actually knows the history of their animals, knows how to take care of them, and will not give away their animals cheaply. Do not believe idiots who tell you stories about where the animals allegely come from...
For that matter, much of the Los Angeles throw away dogs from the barrios simply are likely trucked straight to Best Friends in Utah. If you didn't know anything about Best Friends, go look it up on Wikipedia. Clearly Best Friends was a CULT and they are waiting for the end time whereupon they believe they will be saved because they keep so many alsatian dogs on the property? Who in their right mind keeps 1,500 dogs out in the desert? Do the math and figure it out every month Los Angeles in the aggregate cannot get rid of the barrio dogs which come into the shelters every single solitary month. They claim to get them homes but likely--they could never prove it. Do you believe you could get homes for 600 stray dogs every 40 days? LOL Yeah, if you're on glue!

https://www.scribd.com/document/10631836/The-Process-Church-and-Alistair-Cooke-- go read at least the first 2 paragraphs and you will get the drift. They are not much different from Scientology. Probably worse. There's nothing wrong with saving animals if you actually are getting them homes. "Given the many concerns about the outcomes for people and pets, coupled with the lack of evidence to show their efficacy, Best Friends does not support mandatory spay and neuter." WELL, nearly every county in California forces mandated altering UNLESS there is a local law that states differently. ALL shelter and rescued animals are allegedly required to be ALTERED.

You show us a way that hundreds of dogs no on wants simply get new homes out of thin air?? Every month? LOL Yeah right. The Los angeles barrio/general area might have less animals but it's still hundreds every month from more than one area. No one is probably counting (even though the state could do it) but to kill an animal usually they use the blue solution which is highly regulated. If they can't kill them all then they have to get rid of them because they can't keep them there. Supposedly their "numbers" are all great because they claim to just move and truck them out. Yeah, and who is following what dogs go where? We bet no one. Let's not forget, Best Friends owns TWO JETS. They are millionaires many times over. They spent either $40,000 or more just to fly to a European country and bring back STRAY DOGS???? Now if that doesn't piss you off, you need to be more informed.



Example, Riverside, re "
Altering of animals, dogs/cats.. Exemptions. This section shall not apply to any of the following:A.A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than thirty (30) days, the owner or custodian must apply for an unaltered dog license. B.In the event that any dog follows under Section 6.08.120 A.3.A. of this chapter, a mandatory spay and neuter deposit fee of seventy-five dollars ($75.00) shall be paid before the animal is released from the shelter.C.A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation.D.In the event any cat follows under section 6.08.120 A.3.C. of this chapter, a mandatory spay and neuter deposit fee of forty dollars ($40.00) shall be paid before the animal is released from the shelter.E.Animals owned by recognized dog or cat breeders, as defined by department of animal services policy.F.Females over the age of 10 and males over the age of 12 are exempt from the spay and neuter requirement due to the biological improbability of reproduction, however, they will be required to purchase an unaltered license.

To be frank, only in a state like liberal California could people get away with interfering with commerce, such as with raising dogs to sell? The very clear implication is that in lower income areas such as barrios of Los angeles, most of the animals are not altered. Animal control just keeps taking them to the pounds. People who actually WANT to buy a dog from a breeder will often have to search far and wide and even sometimes buy the animal from another state. Breeders of titled dogs sell their dogs for very high prices and do not have huge litters (since they are raising show dogs..)

If you doubt anything stated herein, perhaps doing your own research from NON rescues or claimed 501(c)(3) groups will shed new light on what you don't know. Most people don't know and simply do not care, or they are not smart enough to do diligent research.

--- > WARNING.........CAREFULLY NOTE-- any type of tinkering or attempt to cause cessation or otherwise interfere with this site can be plausibly considered as interfering with a legal business that may, in certain cirumstances, fall under either the CA law re illegal actions, or the Federal law regarding same. Businesses that deal with animal enterprises will likely qualify [yes, this business of doing legal work with animal issues/animal enterprises would qualify in our opinion] Consider that stealing or even just releasing minks (live animals) out of their cages caused two young men to receive 14 year federal prison sentences. It is unlikely that the federal law will be changed.

New Help for YOU-- Savings on both Legal and Paralegal Work --Automatically, Find Out How?!!

Due to the problems of Covid and some people not being able to work full time, attorney is featuring cash savings to new clients. The initial consultation is free. Cases that will require an RFO (Request for Order) or other motion which needs to be heard by Judge, will usually qualify for the cash savings, and most other motions or long cause hearings in court, including Domestic Violence and protective orders, harassment, mediation, supervised visitation, drug testing cases,and more.

Typically this may involve various motions to modify, hearings involving mediation, and requests for drug testing, supervised visitation, or other issues such as requesting spousal support or modification of same. 
We guarantee another attorney of 20+ years experience will NOT be able to meet or exceed our value. (*It is true that some attorneys will charge you $250-$300 for a consultation/then apply that toward your fees. If you would rather pay upfront unnecessarily it's up to you, for a consultation.)

In addition, if you use our paralegal services also, you will save even more. Even though attorney can or may attend all hearings it is possible via Limited scope, to not have attorney attend every hearing and only have that done when necessary. (Not every hearing requires attorney in every cases..)

While many law and motion hearings take place daily, the key to winning is to know what you are doing with the case. When you believe you do know what you are doing BUT you are not making headway with the judge, then it's usually because you are not getting the point accross clearly, judge may not like you [believe me, it does happen] or the other side has lied so much that the court might start believing the wrong party? OR possibly you did not do the documents carefully enough, or you put too much unnecessary data in the moving arguments and judge stopped reading what you wrote.

When we see cases come in, they normally have some things that should have been done differently (if you are trying to win whatever you are doing) so if no one helps you fix your error, assuming there is one, you will likely not make much progress. If there is no error but judge is actually prejudiced against you {this does happen sometimes} we would have to review the entire file to see if that is what is occurring. Most cases may not have serious errors but lack the clarity coupled with legal reasoning to make the mark.

CONTACT US TODAY TO SEE IF WE CAN HELP YOU WITH YOUR CASE ---> and SAVE AT THE SAME TIME !! **Attorney can confidentally say that her cases usually do produce either a positive outcome or a win for client. It is not 100% but it is pretty close because our main purpose is to win whatever we are attempting. Our main goal is not settling unless the client wants only that.There is a big difference between settling and winning.
Clear cut cases usually mean one side has the winning side, HOWEVER-- it will depend on how long the case has been going, how bad the parties have been (or how good..), how many mistakes or errors have transpired, how many months or years has passed, how diligent each party was in the past, how bad each party was in the past, and a host of other factors. some cases are obviously much more difficult than others. Unlike some attorneys, attorney herein does not believe in settling everything, especially if something has been done which is very wrong, by the other party. IF nothing has been done which was wrong, then the case should take less time. However some clients will fight over everything, so it will depend on the client's beliefs in some respects. 

Family Law Attorney Carol Chan
  Rating  · Divorce lawyer
2485 Notre Dame Blvd #370  CHICO 95928
Closed ⋅ Opens 9AM Mon · (530) 359-8810
WEBSITE (link to Butte County Attorney site)     https://affordablefamilylawattorneychico.blogspot.com/



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Friday, October 23, 2020

Winning Doesn't Matter?? Who is Kidding Whom??

DIVORCE--CUSTODY--SPOUSAL SUPPORT--IT ALL MATTERS

People, don't fool yourselves. Some litigation doesn't require the emotional toll
as much as others do. Money issues are bad, and custody is much worse. IN fact
custody is probably the worst hands down.

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.

Attorney herein is not your run of the mill attorney...some things that other attorneys
think are critical to practicing law, really aren't all that critical.

Well, maybe the people saying that, that there are "no winners" 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!! When compounded by clients with high anxiety  and medical or mental issues, the case becomes at least twice as difficult--- if not more.....

 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. 

Attorney has had cases where the outcome is NOT suitable nor equitable, BUT the client
wants to take that choice. A bad decision, a bad choice, or a bad moment (lapse of reason) in
family law can cause clients to ignore the attorney and make poor choices. When I see a client
willing to cut their throat to end the case, I do not allow it because I know it will haunt the
client forever.

These are serious mistakes, and instead, I will have the client fire me and sign
the substitution of attorney. I will take no part in a bad, horrible decision made due to mental
anguish or the ability to do harm to him or herself.

For example: client made $25k/year and
spouse made $80k/year. The $80k spouse had spent over 100k on credit cards the other spouse
did not even know existed, putting them into bankruptcy. The family was forcing the $27k
person to take a walk-away deal with almost nothing. Attorney herein refused to do it, and would
not sign anything of the sort, regardless.  They were FAR from being poor.

In another case, the wife wanted the divorce judgment BEFORE the bankruptcy rules had changed. At that time, the bankruptcy rules were such that if a spouse got divorced, the community debt would
fall to the non filing spouse (post separation) and the filing spouse would have no debt.

That law had not been changed and I repeatedly explained to the client that if she entered the judgment, she would then end up with all of the community debt (that the husband had racked up) and with her
student debt of $70k she would end up being  a bankruptcy candidate.

She claimed she did not care, but as the judgment triggers the law, she should have cared. I told her to fire me and get another attorney so she wouldn't have to be charged for me to make a motion to get out of the case. Instead, she complained to the bar that I wouldn't file the judgment? This is how errant clients can become. If her ex filed the bankruptcy and the law hadn't changed, then she inherited the debt. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result.

Monday, October 12, 2020

Winning in Unusual Way! from 2010, 2015, 2019, 2020 and soon 2021!

Winning in Unusual Ways! from 2010, 2015, 2019 etc.

For whatever it's worth, attorney has encountered quite a number of cases where we were able to prevail despite the odds against us; this includes family law, criminal law, bankruptcy cases and civil cases. Perhaps in part due to attorney having a high interest in very challenging cases?.....this post has been viewed 2,305 times...

While most attorneys tend to pride themselves on knowing the law, our job is to either know it or look it up correctly, as laws change all the time. Therefore, spotting issues will require knowing the law but that's just the beginning. If the law is on your side, it shouldn't be that difficult right?
       
It's the cases where maybe the law isn't exactly on your side, or could be, or there are circumstances and other facts or excuses which can create a different outcome? How does attorney know this? Because it's been seen plenty of times! (Listed here are just several examples but we have more than this..)

In another instance of trial (family law), after cross examining the other party, the opposing counsel suddenly called a recess.

       After 7 years of never being able to get a dime out of the ex, who had already filed bankruptcy, my client, having previously used 3 different lawyers, [w/o a good result],  ended up contacting attorney herein --- for trial.
      The opposing attorney stopped the trial after attorney herein--- spotted a bankruptcy fraud during the trial, based upon the husband's testimony;  and husband's attorney offered a combo to wife,  of about $23,000 combined cash/property $100,000, and attorney fees of $6,000. This likely meant that if they had NOT stopped the trial, my client would had gotten spousal, but we would have had to chase him forever across the USA to get it. Client elected to take the offer. Because attorney herein cornered the ex spouse on the stand for what appeared to be potential bankruptcy fraud, the rest is history......

       In another instance, a civil case trial by a former wife against former husband and girlfriend, the husband  had already been convicted in a widely publicized case of homicide in Sacramento (and was on appeal, he lost); the case then went to jury on issue on civil liability as to both husband and girlfriend.
      ...Keeping in mind husband was already convicted of first degree murder, the jury decided that husband was only 60% at fault in the civil case. I represented the husband who was already in prison, (and had not represented him during the criminal trial in Sacramento, where he used a public defender...)

      Normally the civil case has a lower burden of proof, so finding the husband only 60% and not 100% evidently meant, jury wanted to punish the girlfriend because they took 40% and assigned it-- NOT-- to the husband. This verdict was reported in Verdict Search, a national reporting source for large verdicts nationwide. Counsel representing the girlfriend was from insurance defense firm.

Currently, the former wife has not been able to collect much on the verdict [of millions] after paying fees/costs and it is anticipated she will not be able to collect in the future. Very interesting case, which also involved animals (pet dogs) owned by the husband/son. Son was stabbed when father went to check on condition of dogs; father claims son ran into the knife by lunging forward.

     Family law and motion--Mediation Report....  Typically, a parent that has had a Domestic Violence TRO filed against her/or her, will not get custody of a child. Client had the DV lowered to just a no negative conduct order, so there was no DV against him. The mediation report was issued about five months after there was no DV, and amazingly, thanks to the parent (my client) keeping super good notes and data, coupled with the bad evidence of the other parent, my client obtained full physical and legal custody!!! He was also allowed to retake possession of the house.  It was the most amazing report in favor of the client. The person benefiting from this is obviously the child!!!

     In a very unusual scenario, attorney was substituted into a case with a client who did not reside locally;  a hearing on an issue Request for Order (presumed to be law and motion).... was set for a date only several days away, at which time attorney believed the hearing could be continued. It seems the hearing was in fact --- a trial (according to Judge) -- and the client was not present and Judge did not want to continue the case.  Attorney went forward on the issue, with no witness or client.
   
    Using only cross examination, with 4 witnesses, Attorney actually won the trial--much to surprise of  witnesses present and including opposing counsel, who was shocked.......... 

                                  

This is very uncommon, but imagine how your case might work out if attorney can do this, without even having a client or a witness?

Attorney thinks it's fair to say, you would be in fairly good hands. Especially if other attorneys have failed in the past on your case.

Note: All of these scenarios are actual cases but by no means are such outcomes considered standard. Each case has different facts and various laws which will apply; each case can vary tremendously, and attorney is not representing that such outcomes are common. However, attorney does have a very high percent of cases that prevail, settle or result in what the client wanted.



Sunday, October 11, 2020

When You Need to Win a Domestic Violence Case?!

Although not unheard of, attorney herein has not lost a domestic violence case or gone to trial and lost such a case. Only once such a case was dropped due to the both sides agreeing it was no longer needed, but in nearly every case, we usually maintain the DV for 1-3 years.
Recently in 2020, the CA legislature has passed an update to the domestic violence law, and the law will soon be in effect; not surprisingly, coercive control is specifically used to describe the type of conduct that the defendant is using against the victim or victims. Control can take many forms and will include both emotional abuse, harassment, and far more. COVID is also noted in the wording for the new update on domestic violence, since many family members simply cannot afford to flee and get new rental housing? IF you or your family is suffering and may benefit from a Domestic violence Restraining Order, or if you don't understand whether you qualify or could use this type of legal device, feel free to contact attorney herein, there is no charge for the consultation.
CALL ANY TIME OR DAY, ATTORNEY ALLOWS CALLS EVERY DAY OF THE WEEK.

Saturday, October 10, 2020

IF MY SPOUSE DIES, CAN I COLLECT THEIR SOCIAL SECURITY BENEFITS?

Social security benefits and divorce, especially if a spouse dies, can be highly varied due to the way social security works. I have attached this link from AARP for an example https://www.aarp.org/retirement/social-security/questions-answers/social-security-spouse-dies/ https://www.aarp.org/retirement/social-security/questions-answers/social-security-spouse-dies/

Wednesday, October 7, 2020

Divorce Cases Involving Pets, Dangerous animals, or Who Should Get the Pets and Kids?

Animals have long been favored as household pets and as utility workers for those who need farm work. But what happens when BOTH parents or former spouses, BOTH want the same pet or animal? Apparently, the CA courts have decided that divorcing people can have the same type of hearing for who gets the pet-animals as would be done during a CHILD custody case??!! To do this properly, it would be best to have an attorney that knows animal law and cases, and to have an expert testify as to the bond between the human and animal or animals. People may think this is silly, but the entire animal code in CA was patterned after the CHILD welfare code? Most people have likely not thought of this but it's true. Then entire welfare code for children is basically how activists got the animal-pet codes done?


Let's pretend the couple now getting divorced own a stable of great horses and they both want to keep the same animals. If the disagreement is bad enough, and neither party will give in, it is possible that one could try and prove that one party has a higher bond to an animal than the other party. Let's say a race horse was mostly bonded to the wife but the husband wanted the horse, even though he had little to do with the horse. According to the law set forth for custody of the pets/animals, the code tends to lean to the animal welfare/child welfare code? Therefore, what is in the animal's best interest? It may sound dumb, but that's the law right now. And if that animal or animals just happened to be a high end champion dog line, you better bet that there would be a lot of fighting?

This could happen with any community property--but if an animal was only registered to one party, I would think that the registered party, without more, might have the edge as against the non registered party. Some show dogs are so expensive and are only registered to one party--others may be registered to more than one party. Attorney has worked with show dog people for quite some time, and we all know show dog people treat the animals like kids? Or, possibly the couple owned an entire kennel dedicated to breeding, raising and selling dogs nationwide. Assuming it was community property the judge would likely either split the kennel, or allow the parties to divide it as they chose themselves.

Show dogs are very expensive so there could be disagreement on which dogs would go to whom? (Attorney has worked with show dog people, it's really different once you see how they do everything!) Attorney has also done trials involving dogs and owners, where one party claimed the other party had a dog that should be kicked out of the registration due to alleged biting? One would be surprised to see how much litigation is done with animal law cases!

Police will shoot dogs, sometimes kill them; attempt to get the pound to capture them, or because maybe the police has no familiarty with dogs, will shoot an innocent dog which is not doing anything except standing there? There is a well known published case on that where the police shot a dog or dogs owned by Hells angels in the Bay area, and the dog was not menacing anyone?

https://www.overlawyered.com/2006/02/hells-angels-get-990-k-for-dead-dogs/

https://www.sfgate.com/bayarea/article/SAN-JOSE-City-pays-Hells-Angels-797-500-to-2513273.php

Tuesday, October 6, 2020

Mediator vs an Attorney..

 This should be quite easy to describe because basically both of these words are not usually interchangeable... Most actual mediators who are attorneys, prefer to do settlement workouts and will often operate a mediation practice whereby those wanting to work out things mutually may sometimes actually do that? 

While it is true that some cases can easily be mediated IF both parties understand what is actually going on and fully agree-- attorney herein has seen many cases where parties thought they knew what they were getting but in fact they didn't understand what they got? This is not that surprising.



Mediation for divorce can be very difficult when there are huge problems in any given area, such as psychological,mental,emotional or difficult issues involving drinking, drugs, criminal charges or civil law issues with lawsuits, inheritances, bankruptcy, faulty IRS filings,  taxes and liens, tracing of separate property, sales of property, unknown hidden assets, domestic violence restraining orders, civil lawsuits, reimbursements known and unknown, hidden assets to family and online accounts unknown; illegitimate children,and more.

Nearly all of these potential issues will typically not be mediated away for the most part.

Once domestic violence enters the picture it is possible that this will come back to haunt the one accused; Most domestic violence cases should be carefully checked for errant, wrongful or outright lies. Some parents will get children to lie or give false statements. Or it could be lying friends.

Those will be the most difficult cases in attorney's opinion. Nearly all cases in this boat will likely require litigation, if only to salvage the truth.

If you have any doubt about giving up your rights, preserving your rights, understanding your rights, it is likely a mediator may not be the best choice for you. Trying to salvage a case by agreeing to things that should not be done or required is silly. No one should force clients to do something that may not be appropriate; when it comes to litigation, sometimes we do have to make difficult decisions. But mediation does not work when both parties don't agree. And in most difficult cases, mediation is simply inappropriate. For high stake cases involving large sums of finances, and much property, it is best to normally hire attorneys that work mostly on high stake cases involving a lot of financial dealings, as they are best suited for tax purposes, and in working with tax accountants. Much of the processing is accountant related, tax related, etc.  

Sunday, October 4, 2020

DATE OF SEPARATION.....IT MAY NOT JUST BE THE DATE ONE PERSON LEFT?

CA Supreme Court Rule on "Date of Separation" Fixed by Legislature In 2015, the CA Supreme Court had ruled that "date of separation" means that there must be physical separation of the parties (meaning someone moved out...) With the economy and other factors, spouses (often women) --- do not always move out because they may not be able to afford to do so. Thus the financial aspects were not considered so much in the Supreme Court.
The Legislature was apparently bombarded with huge backlash from women's groups and other advocates, including the Family Law Bar; so upon this backlash, the Legislature enacted a new Code Section which pretty much eliminated the Supreme Court ruling. Family Code Section 70, when adopted, January 1 2017--- will provide as follows: (a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following: (1) The spouse has expressed his or her intent to end the marriage to the other spouse. (2) The conduct of the spouse is consistent with his or her intent to end the marriage. (b) In determining the date of separation, the court shall take into consideration all relevant evidence.(c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152. As you can see, this makes everything about the parties' supposed intent and their conduct up for grabs, and indeed "the court shall take into consideration all relevant evidence." Although California is supposedly a "no-fault" jurisdiction, this amendment will CAUSE nearly all behaviors and activities by spouses to be fair game in establishing their intentions about continuing or ending the marriage.
Due to financial constraints, and now, COVID, and unemployment, many couples may actually be living separate lives but still physically living in the same household out of necessity. This has always been common, particularly where one spouse did not work.

Friday, October 2, 2020

Did You Lose Your Case Because You Didn't Make the Right Arguments?


A common complaint by those representing themselves,

 is that Judge.... "Ignored"  what they said?

                                          (this posting has over 1,518 views...)
                                                                 

DID IT APPEAR TO YOU THAT JUDGE IGNORED WHAT YOU STATED?

To many litigants representing themselves, judges may appear to overlook
what you stated, and then move ahead to not grant you what you wanted?
When we look at self represented documents, some of them are ok and some
are not so "ok"......

The fact is that judges don't have a lot of time and if what you wrote down

is not on point or does not appear to be strong, or correct, or even logical,
you may end up not winning what you wanted to get. Most attorneys know
the same laws but that isn't the real question, because two attorneys that
know the laws don't usually argue the same positions-- right?

Therefore it's how it is argued that counts-- the facts, the logic, whatever it is 

that makes it more beneficial for the kids, or for some other logical reason.
IF in fact you basically have a losing case from the start (which does happen
in some cases) then you will have more work to do. For example let's say
you beat up your own kid and you got a DV TRO filed on you. It's likely you
will not be getting physical custody?  

But eventually if you jumped through

enough hoops you would gain more visitation time, it might take a long time
but it is likely doable. If you give up automatically the you have basically 
lost.  For some parents, they are willing to do that. Others, maybe not.

Still other parents will relentlessly argue over different aspects of legal and

physical custody for years. It is amazing to see that some parents never
stop arguing over this.  Hopefully that isn't your case!!!!  If it is, you might want
to call attorney....lots of experience in that area.


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530.497.0777