Friday, March 27, 2020

Attorney C. Chan = The Fixer of Bad Cases!

Attorney has seen many, many cases that never had to get to the point that they are at--IF at least one client had changed some key methods.
 But it is to be expected that clients can't always fix their cases since they are wound up in the turmoil... right?


From attorney's outside view....fixing most cases is possible. It may not be fast. But it is likely doable over time.
Also attorney finds that clients must sometimes modify their own actions and that of the kids as well.

Apparently attorney herein is not alone when realizing that the FIXER name is known even by other attorneys, for example.... attorney just saw this online, and it is exactly the view of attorney herein........ at https://njfamilylaw.foxrothschild.com/2018/10/articles/general-new-jersey-family-law-news-updates/when-you-cant-find-a-better-man-five-tips-to-consider-when-preparing-for-divorce/

  1. Find the right “Fixer”:  The divorce process can be beyond overwhelming for countless reasons.  When searching for a divorce attorney, consider not just looking for someone who is experienced in family law. 
  2. Consider retaining an attorney who you feel comfortable talking to.  Who you can trust.  Who you can confide in and discuss certain aspects of your life and your marriage that you may not ordinarily feel comfortable speaking about with anyone else.  Who is responsive and reliable.  
  3. Who can ultimately advocate for you in the way that you believe best serves your interests and those of your children.  Who will listen to you and be mindful of what you are looking to achieve.

 ------------------------------------------

There is no point to keep doing the same mistakes over 
and over and expecting a different result?

Therefore if the thing that needs changing just happens to be under your authority, then that's likely where the change needs to be made.  Judges get tried of hearing the same old stuff every day in court.  Pretty soon they are on auto pilot and send everyone to required "mediation."
  But mediation doesn't change people.  

BE VERY VERY AWARE: MEDIATION IS A PROCESS -- 
BUT IT IS NOT NECESSARILY A SOLUTION IN MANY CASES. THERE ARE MANY DIFFICULT SITUATIONS THAT WE HAVE SEEN, WHICH SIMPLY CANNOT BE "MEDIATED" AWAY FOR A RESULT.

         A judge should not be allowing a defendant who is under Criminal Protective                            Order, with prison history, heavy drug use, unauthorized hiding of kids  (after obtaining an intent to withhold for 3 months?) . ... to have custody of kids that one parent has abused...but that is what we have seen?

Change cannot take place unless someone or something makes a change--it likely won't happen by itself. So in mediation, judges just read what the mediators have written down. When and if the clients don't follow what they are to do, we see repeated issues over and over and over.  Clearly the parties MUST implement some change somewhere.

So the biggest problems are usually that all of the parties:
1.  Don't want to change their behavior, or do not know how;
2.  Don't want to jump through hoops
3.  Don't want to have to do anything that is inconvenient
4.  Don't want anyone telling them what to do.




Note---if you read the above words in the black box, and take offense to it, please stop reading
now, because attorney would not be able to help you. The reason is, attorney is highly realistic and will not sugar coat facts, particularly where that would end up making the case worse.
         Adults must learn that to be treated as an adult, we need to stand up for ourselves. It's one's own job to do that. IF you cannot do that, it is likely attorney will not be able to MAKE you do it; attorney can only give advice, NOT make anyone take or follow it. In fact failure to stand up for yourself may have contributed to your position currently--but if true, and you are trying to improve, then I salute you for trying. It's a start and it's better than doing nothing!
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It's pretty simple that if your other spouse or live in, is a difficult personality, takes meds for behavioral issues, or has been diagnosed with A B or C,  your case will take more work. Not every child should be raised primarily with a parent that has NO parenting skills at all.

But sometimes we have to make the best out of a bad situation. And sometimes that may mean we will be required to jump through a few hoops also.
     For most parents, this is doable. For some parents that have mental issues/or blocks, they will refuse to do whatever it is.  In those cases, the parent that won't comply will inevitably suffer in the long run. Because it isn't about you so much, as whether your behavior will or will not affect the kid or kids to a large degree.

As an example, a couple with kids  where one parent has serious issues and is not suitable as the
primary parent, will continue to battle the other parent for years in trying to keep his/her domain over the kids.

Obviously this person should not be primary custodial nor should he/she even have the kids overnight--that's when we start to have some really large damage with the kids... and to prevent that from being a vicious circle, someone has to step in.

Minor's counsel is NOT always the answer, and attorney has seen that minor's counsel is often given cases that will not change. Reason being, not all parents should be using "co-parenting".

Attorney has seen some pretty bad cases and co-parenting simply doesn't work well in really bad cases.  If you have that situation, call attorney--she may be able to restructure your case.


Examples of bad cases:
The father had apparently used inappropriate sexual conduct with minor female kids, kids taken to SCAN clinic in Sacramento, verifying abuse; father ended up with no contact, case was in the newspaper (all data changed for privacy) Father was forcing kids to watch sex videos with him...

                                   Mother was a drug user but able to outfox drug testing; father installed
hidden camera and was able to gain proof, leading to father obtaining the kids legally.

                                   Mother absconded with minor kids to another state; we hired a P.I. and locator to find location from cell phone data. Court ordered the Mother to return with child;
        in another case, Father hid minor children in Bay Area, changed their appearances. We obtained ex parte order for Father to return kids or be arrested. He returned the kids, Mother took back custody.

                                   Father believed Mother was allowed minor kids to be molested by either boyfriend or other male. Hired P.I. to assess Mother's whereabouts and meetups, determined which males were staying with Mother. Then had uninvolved trusted third party query kids and found out which person was the suspect. After this, the kids admitted it was happening. Mother lost custody.
                               
                                   Father was told by minor children, that the Mother was beating up the older child, a female, age 10. Attorney arranged to meet the Father/new wife and both minor children at the local Mc Donald's, (we did not tell the kids that attorney herein was an attorney)...in course of conversation, the 10yr old was quite lucid and revealed in fact that the Mother was abusing her and sometimes the younger brother. The sheriff and CPS were contacted; CPS later stated that in this case, the 10yr. old child was very bright and gave specific details about the abuse. The children were both placed with the Father -- and Mother never attempted to gain visitation (not even 5 years later!)

One of the worst things that can happen to unprepared clients is to ignore the fact that if they are not married, and fail to file a paternity action in court, the other party can simply take the kids and leave the city, county or country, without the other parent knowing. Obviously this is kidnapping on a different level--but it is easier to get kids back if there is already a paternity action filed, because usually the District Attorney (which has government ability) can use their authority to expedite the search, since the paternity filing typically asks extensive background questions as to the parents.  And if the parents had told the truth on the initial documents, the police authority and FBI have more data at hand.
                                  Worst case: this was not attorney's case--BUT--a Father married to a former citizen of a European country, had two sons with the wife. The wife later absconded with both children, and although it was known what country they went to initially, it cost so much money that eventually the Father had to give up. He has never found the kids. [It might be when the kids are adults they might locate the Father on their own..]

                                   Non custody case: Mother and Father owned several houses, upon separation they lived in the separate houses; the court in Butte never got the case to trial, despite the so-called "track" program that had a rule that each party must agree to a certain date; so when parties did not agree, the case went back on the "track." Unfortunately, that system was not really how legal cases should get to trial (there are actually rules)--so the Mother did not get to trial until 7 (yes seven) years after the divorce was filed.
 On the stand at trial, attorney herein caught the Father lying about his bankruptcy petition (we had a copy of it)--and that was when the Father's attorney called time out, and offered us a deal giving the Mother a large sum of cash to end the case. It was a glorious day!

#1NOTE: “Case results depend upon a variety of factors unique to each case. Past Case results do not guarantee or predict a similar result.” 

#2NOTE: IF you and/or spouse intend to file bankruptcy and you will be in the divorce at that time, you should FIRST  seek counsel from a bankruptcy attorney, as the timing of the filing can impact the divorce and it may be subject to the automatic stay !!~ Nearly all of the bankruptcy documents are filed online and normally you will need a PACER account to view online data. Attorney has done cases in Eastern District Federal Court+Bankruptcy Court (Sacramento), and  is licensed in the following CA federal courts (Eastern District, Southern District, and Northern District; and the State of Colorado Federal District Court.) Attorney is able to answer most questions re filing bankruptcy (which would likely be in Eastern District Court, Sacramento.)
                                     


Thursday, March 26, 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?

                                                                 


Judges only have so much time to listen to clients that are representing themselves, since apparently 
about 70-75% of pro se litigants are obviously representing themselves, and judges become weary of
non-arguments, facts that are not facts, and allegations without proof?

The most common thing we see that pro se litigants do, is they do not make clear arguments, even if
they are allegedly factual.  They tend to rant and rave about what they don't like when instead, they
need to get facts established that will either justify their own actions, prove the other actions are not
correct, or some combination thereof.

Of course, litigants representing themselves may not know the law, but they know that someone else
has done something wrong. Well, that's a start. Judge knows the law obviously, so telling judge the law
as a self represented litigants is not what will make you win, most likely.

Self represented litigants can improve their facts and data by hiring a paralegal service which is 
supervised by an attorney, so that Judge can quickly understand the points and data they are trying
to get noticed.  Burying the data is almost sure to not get you any points.

If you need help with paralegal services, contact us as we may be able to help you. We have helped
many litigants in this way, and usually with better results. We offer this service due to number of 
documents that we have seen which caused clients to lose their motions.  Most motions can be
improved upon, and attorney is very good at clarifying, or simplifying arguments.


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(530)  497-0777






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Tuesday, March 24, 2020

Do You Want to Win Your Case? Should You Hire a Litigator? Do You Care?

What Type of Attorney do You Really Need? Do You Want to Win? You Don't Care?

*People must care because about 2,499 people have read this post*

Do you have a case where you want to win, or need to win your case?
Do you have the winning facts?  Do you know what law would or would not support your position? Do you want or need an actual litigator for your case?






Hiring an advocate (attorney litigator) is not the same as hiring collaborative attorneys. Also, mediating* a case with only one attorney means ...The mediator helps people talk the issues through, supposedly helping to "settle" the dispute themselves. In this attorney's opinion, it would not be recommended in most cases, because typically the overbearing spouse simply bulldozes the other spouse.

*[Mediation for visitation is not the same thing as mediation of an entire divorce case. Mediation for visitation/custody is required by law in CA when there is no agreement.]


There are many pitfalls that can arise in divorce; many of them involve financial transactions that one spouse had no knowledge of; assets that one spouse did not know about; children that were conceived outside the marriage and spouse never knew other spouse was paying; secret business dealings that was predicated on all cash; illegal actions by one spouse implicating the other spouse who had no knowledge; large debts racked up by one spouse, without the other spouse even knowing such debt existed; one spouse signing the other spouse's name for a credit card, then ruining the other spouse's credit.... NONE of these things, in this attorney's opinion, should be addressed in either mediation or collaborative law scenario.

That is because there was a huge breach of fiduciary duty that has serious consequences to the guilty spouse. That should be done in court since the guilty spouse should have to pay for wrongdoing. (Of course if you are too afraid because your spouse might try and kill you then you better go get help right away.)
                                           


Especially if you have issues in the 3 lines below, which happened BEFORE the case finalized---- you should never hire anyone except an advocate litigator. Aggressive at that. Plus, there are huge time barriers to trying to set aside any of this!

Fraud, Duress
Mistake, Coercion,
Failure to Exchange Declarations (Assets Debts)-or-
  when exchanged, i.e.--have false, misleading or improper numbers, values, dates..

We live in a society where people often want what they want, and when clients hire attorneys to get something done, especially in family law, it's often because one SIDE tried to take advantage of the other side.  If you have a family law case where both of you AGREE on everything then of course you don't really need an attorney, except perhaps to create a settlement agreement.

HOWEVER, the vast majority of most divorces and break ups, are because the couple cannot agree on a lot of things, including (just an example....) post judgment orders.........

How to raise the kids-- too lenient?  too strict?
How to spend income from employment or inheritance
What to do with spouse that is either dangerous, aggressive, drinks too much
How to get out of supervised visits?? You have an ex spouse also?
Your spouse is bipolar and can't be controlled?


Of all the problems attorney has seen over several decades, the problems around children tend to generate the worst issues, followed by physical harm, financial issues, and alcohol or drug use.

And remarkably, attorney has seen clients REFUSE to take what he/she is entitled to, and then SETTLE a case by using an attorney who is or was a mediator, --- in other words, the attorney is not acting as a litigator for the client?

If you are entitled to something, why would you pay someone to settle a case when you could have settled it without help????   Collaborative law and mediation means if you don't settle the case using whomever you hired, those attorneys cannot represent you in court anyway.

You THEN have to hire new attorneys!!

While mediation and collaborative may be good for some cases (which means you are settling case by paying people to settle it without court)-- it is essentially negotiation. Judges are not involved. If you work something out and then don't like it later--- what you have -- is a problem.

              Some of the down sides of  collaborative law (which includes hiring people like accountants and other experts) and which makes it costly:

The Expense; Impact of termination and cost of new counsel; No advocacy for one or both parties; directed conversation between parties, power imbalances, difficult issues might remain secret (such as domestic violence, addictions, drugs, gambling, infidelities,etc.); Possible inadequate information collection, potentially less support for views of children.

Basically, in mediation there is no advocate for YOU.
In collaborative law, BOTH sides work on issues, but NO ONE is an advocate for YOUR side.
The collaborative view is to work out issues, not really take sides as an advocate----a true advocate is there to represent YOU, not the spouse.

This is part of the reason that most people in a divorce WANT an advocate, and need a litigator --- because they are being taken advantage of, steamrolled, or being misled or manipulated.

You don't have to believe attorney, look at one of my other sites for example, where it is stated in plain English, by the mediator--  that making the decisions with a mediator is not the fault of the mediator, and the mediator is quoted...

                        "The role of the mediator is to assist the participants reach an agreement. 
 It is not the mediator's role to give legal advice or to assure
 that the agreement is fair or equitable to either party.  
There may well be unintended consequences resulting in one or more
 of the participants suffering "buyers remorse", but they made the decision
  to accept the terms  and entered into the agreement, not the mediator..."

 Note--again, the "mediation" we are speaking of, is NOT the family law mediation process that the COURTS do, for contested custody.
       Private mediation means both parties choose to use one mediator to arrive at some agreement, and because a mediator does not dispense legal advice the way a legal advocate would do--as in actual litigation--where each party is represented by their own separate attorney-- the "mediator" himself or herself--- is only assisting both parties to REACH an agreement.
Carefully NOTE-- the mediator does not need to assure either party that the agreement is fair or equitable to either party.   LOL-- that's fine if you don't care what you are getting, or you don't know your rights and you don't care about about that either??

       Unfortunately---if you do this and then realize you lost out on something because you did NOT know your rights at all---then guess what??? You are in trouble, most likely.
*** I  can almost guarantee that this blog has more information in Northern CA than majority of  family law sites.  Attorney typically will write, argue, and inform... and help people, the purpose of the writing is to hopefully enlighten--so that you can make better decisions. 
                      
                         


Friday, March 20, 2020

Winning in Unusual Way! from 2010, 2015, 2019, 2020

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?

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--- spotten 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.



Monday, March 16, 2020

Attorney Takes the Cases that Most Attorneys turn Down? Find Out Why

In many cases, the clients have bungled the case so badly that several attorneys have tried to help the client but then the client ran out of funding.....OR the case is so laden with problems that no attorney who has a lot of money---would want to work that hard something that difficult?

That's part of the reason attorney herein has learned so much about people and various cases, and about a lot of different factors in different areas of law. Attorney has done family law, animal law, criminal defense cases, civil cases, administrative cases, bankruptcy cases and more. Part of this involves animal law because animal law can crop up in many different areas of law.

This in part explains how attorney can do cross over cases involving two or three types of law and related legal issues. Also because attorney is one to like challenging cases [but not other attorneys that are overly difficult which drives up their own fees]-- attorney is more likely to take a case that is interesting, as opposed to being very easy or simple.




Attorney had not realized early in the game that she 
had observed or tackled far more cases which are 
diverse, different, difficult, and seldom seen. 
Having seen all that, attorney then is able to use a wide variety
 of information and out of the box thinking to devise strategy for various cases. 

Attorney is aware that some people think all attorneys do is to know the law. HA!
Just about anyone can look UP the law?

!  You can know a ton of laws and that does not mean you know how to construct a
 case to win if you have never handled things you know nothing about. 


Call today and find out how an attorney can be sincere,friendly, funny and knowledgeable at the same time. 


Ya that dog is smilin' at YOU! :)



Tuesday, March 10, 2020

NEW DV TRO 2020 Published Case Leaves 4 letter Word Intact+Implies Past Conduct Does Count

This published case involves Domestic Violence Temporary Restraining Orders in Superior Courts--this is not the same as a Criminal protective order under the CA Penal Code.

Criminal protective orders are serious charges which can easily place you in jail, and create bad long lasting consequences.


This is the link to the appealed case for DV TRO not being continued, or  heard:

https://law.justia.com/cases/california/court-of-appeal/2020/b296295.html


This is a fairly unusual case because it almost certainly is talking about same sex couple, but no names as can be seen, are shown in this published case.

The decision for this case being published is mainly based on what appears to be several things:



One, just because an act or action took place several months ago, that alone does not decimate its inherent character [in attorney's opinion] such that it would not count based simply on the time of the alleged event, and ostensibly,


Two- There WAS a medical reason also given by the Petitioner;

Three, the court left in [what would be called] patently obscene language that was allegedly used by the Respondent, in the written opinion.

This can only mean [to attorney herein]..that the court is attempting to show the overall character of the person using the profanity, for lack of a better explanation, because seldom if ever do we see judges quote the profanity in published cases....[it may appear in criminal cases, but clearly this was not a criminal case for a protective order]

 AND because this is a domestic violence case, with plausible reasons for the continuance being asked for in the court below, due to medical issues among others, it stands to reason that the appeals court does not want DOMESTIC VIOLENCE cases eliminated inappropriately.

(1) Cases should NOT BE TOSSED OUT simply because of the time that an incident took place necessarily, and--

(2) When reasons are given which appear to be valid or somewhat valid, the court should not be tossing out DV cases [for the reasons the court named]

 Those reasons cited by the Superior court below--- were apparently not good enough- - based upon the DV law, and this case, while a short one in briefing, was published for several reasons, and those reasons are based upon the DV laws as cited in the published case.