Wednesday, February 19, 2020

Strategy Can sometimes Mean Everything--Almost!!

Attorney herein has this site, https://gotigerlegalfamilylawchicoattorneycchan.wordpress.com/, which explains how (in theory at least) a "Tiger Team" works...it is not a joke, there is such an actual thing in use over many years. Some of attorney's clients liked to say "Go Tiger" to attorney prior to trials, and then attorney (me) decided to look up the background of what a Tiger Team actually meant.



Basically, every case has components, and every issue will have facts. In some cases there are very few facts, and MOSTLY lies?? So if that's your case, then you need some evidence to prove what you are claiming, or defending, or whatever you are doing--there is a method for everything basically. Like in the military, there are rules for everything, and in family law cases, most of the issues and problems are due to the people, not the law, right?  Therefore, we have to work around the people and their claims, defenses, and nonsense in some cases? It is common for some cases to be more expensive than they should be, if one client is exceptionally difficult to work with.

Attorney has seen so much garbage in family law over the years, nothing surprises attorney these days. Drugs, lies, story-telling, paranoia, claimed "abuse", non-abuse, actual abuse,  being a witch, or being an ass, is very commonly seen in many cases. People are at their worst. Alcohol, and marijuana are frequent topics, bad texting, posting bad photos, posting on Facebook (definitely wrong)--none of this should be used for Family law. UNLESS-- we have to use it. Most judges don't like Facebook to be used for this, but attorney herein already knows, sometimes we need to use it, and we do. The steps required to get data [i.e. Facebook, online data,photos that are not authenticated, etc.] into court properly-- is not easy or fast; in family court, judge may not be too harsh but in civil court, all the rules have to be met. It gets expensive very quickly.

Attorney actually has a group of computer people that are pretty high on the chain of knowledge of how forensic computer stuff works, so this is very helpful. Attorney is very strategy oriented and to be honest, is hard to beat when it comes to planning and strategy. It is not necessary to remember every rule for everything as anyone can look up all those things, but after you have seen it for so many years, it's kinda like baking a cake.

Just remember this: if attorney's Tiger Team strategy can work for you, your chances of winning are improved. Not guaranteed, but we have a plan for that also. Never give up!

Saturday, February 15, 2020

Attorney's Favorite Case showing How Fiduciary Duty Went WRONG


This is the case where the wife won the CA lotto,  but never told the husband, and they
were married apparently, when she bought the winning ticket, and had not yet separated.
https://law.justia.com/cases/california/court-of-appeal/4th/90/34.html

Fiduciary duties between spouses may end up in a breach of fiduciary duty, especially where the financials are not listed in the divorce documents.

Thus if one won the CA lotto, one would supposedly list that one had won the lotto, on the proper forms, since it occurred during the marriage and would have to be listed on the forms that we use for dissolution, under the asset/debt sections.

Image result for photos lotto winning

Eventually, the husband found out accidentally, that the wife had won the lotto, and he filed a motion to set aside the divorce decree, and for damages for the wife's fraud and breach of fiduciary duty. Unfortunately for the wife--the court ordered her to give all of the lotto winnings, 100%, to the husband.  

The separation date was thus crucial, because once the parties separate, all the earnings and everything acquired after date of separating, are then normally --- the separate property of each spouse.
 ---->   But the separation date isn't just for lotto wins--- reimbursement claims relating to payment on separate or joint debt, or in fixing rights to real property can come into play. CA law provides the community does have an interest in appreciation of an owned residence, such as where title is only in one spouse's name--the spouse owning the property could plausibly argue that the appreciation belongs only to that spouse--and there are a number of facts that could impinge on that theory. The separation date can also impacts the principal loan amounts. Businesses which were established before or during marriage which continue to derive income after separation can be impacted (valuation, up or down,etc.) Importantly , the date of separation is of huge impact for spousal support, or alimony rights. Its continuation or termination is of huge concern due to the length of the marriage.

Friday, February 7, 2020

Parents, Marijuana Use and Custody in California

Could you lose custody of your children due to smoking marijuana?

[This post has over 1,851 views so apparently parents are concerned!]




Most county employed mediators have standard provisions that parents should adhere from smoking in presence of children, or sometimes even when the kids are under the control of that specific parent. Further, even if smoking is allowed in certain areas, many mediators don't want kids near second hand smoke, period. EVEN if it's inside the house in another room...EVEN if it's anywhere near where the kids might be, play, or access? Like outside?  **Note: in one mediation case, a mediator told a client that because MJ smoking is legal, to drop the issue...quite frankly, the actual smoking or use of the drug (even where legal) is not necessarily proper inside, where kids are, or in cars and other certain places? or where kids have any type of respiratory issue/other ailments? In any event, despite the mediator, it is NOT a good idea for MJ to be used around kids, period. Don't care if it's legal.

The "smoking" will generally cover most forms of tobacco and possibly edibles.... (cigar, cigarette, vape, medical MJ, etc...)  And many times, smoking by third parties in the home may not be a good idea due to secondhand smoke. VAPING is almost worst because it is becoming well known, that the nicotine involved, is fused with scents (i.e. cherry,etc) that the teens are running to buy/try?   https://vaping360.com/how-old-to-vape/

In Butte County, a jury has previously returned a guilty verdict over an issue of whether medical marijuana is a defense (to child endangerment charges)--- the long contested case of  Daisy Bram, where allegedly, the lesser count of misdemeanor child endangerment was found (as opposed to child endangerment likely to cause great bodily harm)... Judge Glusman ruled that no valid evidence was presented as to the certified use of medicinal marijuana and thus it was not available as a defense. Ms. Bram was not represented by counsel, which obviously hindered her defense.

http://reason.com/blog/2014/03/07/daisy-bram-a-witness-in-federal-case-aga

Child Endangerment in California...

Under Penal Code section 273a  there is a possibility of criminal prosecution whenever a child is under your care or custody and you:
  • Willfully permit the child to suffer;
  • Inflict unjustifiable physical or mental pain upon any child; or
  • Willfully endanger the health of a child.
If the prosecuting agency in your county believes that you are “endangering the health of your child” by smoking marijuana or growing it in a home where your children reside, you may face criminal charges....

These charges may be filed as a misdemeanor or as a felony. Of course, if the court order stated that any type of smoking or use of same is not allowed while child is under your care, a violation might be a contempt charge potentially, if the other spouse or another was to bring that claim forward?
If convicted of felony child endangerment, you could be sentenced to up to six years in prison and ordered to pay a maximum $10,000 fine. A misdemeanor conviction is punishable by up to one year in county jail, up to a $1,000 fine, or both.


Why is Alcohol Allowed But Not MJ?


Generally, no courts like the idea of alcohol, tobacco, marijuana, edibles, cigarettes, cigars, etc. when it comes to kids. Although there are tons of rules regarding drunk driving, there are not tons of rules for intoxication at home due to getting high on drugs, including legal marijuana and the like. While the hearsay out there is that MJ will be used, consumed and grown by large business, including beer companies, and that the feds will be changing those laws, it is a possibility, but we wouldn't bet your life on it happening super soon. The banks and other super duty corporations always want to benefit themselves first. BUT if they manage to do it, we can be assured that they will have already thought of safer ways to tone down common marijuana so that it would be as common as alcohol, and treated closer to the way alcohol is regulated.

OTOH, the presence of nicotine in the vaping formulas which are targeting teens (and apparently succeeding)-- is something that relies on curiosity and being popular, because "everyone" is trying it. However one is supposed to be 21 to be "vaping"....well, we are sure that plenty of people are ignoring that there law?? LOL
Parents that are smoking or vaping, your kids are watching you.

Note:  //The courts generally do not favor the smoking of MJ, even if it is medically prescribed. People with chronic anxiety often resort to marijuana use, or prescription meds. The meds only do so much, the overly anxious client will still be overly anxious, but somewhat better than with no meds at all.//
NOTE: JUST BECAUSE MARIJUANA HAS BEEN LEGALIZED TO SOME EXTENT, DOES NOT MEAN THAT OTHER MEANS OF USING MJ ARE LEGAL; FOR EXAMPLE, "SHATTER" IS NOT LEGAL? Using a huge commercial sized bong to ingest shatter is not legal? and certainly doing it with minor children in home is simply insane?  It becomes expensive to prove that one parent is an addict, especially on drugs which can be legal. Obviously that is due to fact that the parent who formerly witnessed such actions, is not living in home where it is presently being done?

https://www.childrenscolorado.org/conditions-and-advice/marijuana-what-parents-need-to-know/safety/  [Extremely informative...]  *Includes Signs of Accidental Exposure to Edibles

https://buttecountyfamilylawlawyer.blogspot.com/  Another site by attorney C. Chan


What Type of Attorney do You Really Need? Do You Want to Win? You Don't Care ... Affordable Family Law Cases, Is it Possible? Our NEW Maverick Paralegal ...


Mar 7, 2018 - Aug 1, 2007 - Chico, California attorney Carolyn J. Chan. ... District Court Currently work with two non profit groups: P.I.E.C.E.S. of Butte County, ...
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