C.Chan=Winning Results! AFFORDABLE! 4.7/5 Ratings by Clients Friendly+Affordable!CHICO NEW PH.#530.497-0777

Saturday, September 11, 2021

Actual Reviews from Past..... I Do What It Takes to Either Win, Fix or Solve Your Problems--Not Just "Talk!"

Just some of prior Reviews, over 27,619- views..:
Attorney Chan has been very responsive to our calls and provides excellent service and advice. Her fees are great and she is very easy to work with. Thanks Carolyn! Review Left On 02/27/2020 RORY HICKS

I'm a mama bear and grandma and appreciate having Carolyn working with my son to protect his rights as a father. She is down to earth and a regular person who doesnt tangle you up with legalease. Review Left On 05/27/2020 Kathleen Oman
Her fees are the best I have found along with great reviews she cant be beat. Review Left On 05/29/2020Bradley Nugent
Are you looking for a dynamite attorney that actually cares about their client and actually wants to win? Then retain Ms. Chan. She is relentless in making sure her case wins. She is very reasonable in her fees, she is worth every penny! She has been awesome with my case. She is extremely knowledgeable of family law, domestic violence and criminality. All things that my case is riddled with. She is a tough cookie, but she definitely knows what she's talking about and will go to hell and back to make sure she wins for you. Go with Chan, you won't regret it. Review Left On 02/27/2020 Lacey Turner
Fair prices and straight talk. Often times you get a lot of run around from attorneys spouting legal jargon that the everyday man or woman can't understand...Miss Chan puts it in layman's terms and talks with intelligence but not as though she is above anyone...as an equal. We were treated fair and though I wasn't involved in the legalities, she listened to my perspective as an outsider looking in on a difficult situation. Highly recommend her. Review Left On 04/17/2020Robert Snow

Amazingly, attorney Chan worked on my extremely difficult case for almost 4 years, and because of the issue involving a criminal informant party, the case was railroaded due to the judge giving kids to the wrong parent; however, attorney Chan told me I would need to leave the county in order to get back the kids and she was right! I moved and eventually the informant got caught with child pornography (lots of it) and he was arrested. Also, attorney Chan helped steer my other case--which was not even in CA--to victory, by pointing out jurisdiction issue/fraud done by the father (not the same father I just mentioned) and I got sole legal and physical custody on that case also!!!! Attorney Chan is really really a big strategy attorney and she will not fail you. Not ever in my opinion because litigation is one of her strong points! Review left on March 15 2021 R. Stiles
She has provided me with excellent service in dealing with my case. Miss Chan knows her stuff. She has been a life saver. I would recommend her services to everone. Review Left On 02/27/2019 Nicki Bennett
Carolyn was super amazing in helping me navigate an extremely stressful and emotional legal issue. Her knowlegde of the law is excellent as she responds to communication very quickly, and is very forth right about possible outcomes. I would absolutely use her again and highly recommend her to anyone navigating a pet or family issue (in my case it was both). Review Left On 01/27/2020Deekay David
Ms Chan has been my attorney for over 25 yrs. She has handled my divorce from how to resolve my case and helping me keep my children in a professional manner at a very reasonable cost. I can't even imagine what would've happened if I didn't retain her services.
Review Left On 08/19/2020sigrid wroolie Wonderful. I have very complicated situation and Carolyn was the only attorney I spoke with that understood and offered solutions. She is confident and professional. After hiring her I could sleep nights knowing she was there to help resolve what seemed overwhelming. Even the judge straightened up when she spoke firmly and pleasantly. She cuts to the chase to get things done not wasting billable time. I trust her to protect the issues I most value. Review Left On 05/27/2019Duckie Maggetti
Thank you for everything and all the help with my case definitely recommending you if i know anyone who needz an attorney Review Left On 08/07/2020dave parks
We hired attorney based on a friend's recommendation and after looking at various legal sites because we needed a stand up type of person who is not afraid to speak up [after having suffered from using a very weak lawyer in the past, it didn't work for us....]anyway we found the attorney's insight on people to be very keen, and she was more than willing to go the extra steps we needed to get the result we were working on , plus she even talked to us after hours several times. Talk can be cheap sometimes but for me personally, I am more than happy with the attorney's service to us. Review Left On 12/27/2019Dale Hanson
Though I have not personally talked with Ms Chan, I can say she has given great counsel to my daughter at fair prices throughout her difficult process of her divorce. Review Left On 11/13/2019
Carolyn was a great choice! Her prices are the best I've seen and she truly cares about her clients. Carolyn was by my side throughout the entire process with great advice and support in and out of the courtroom Review Left On 06/27/2020 Michael Alexander
Review Left On 06/27/2019Remy Martin I appreciate her honesty and the fact that she's blunt. There is no guessing what she means which is very rare to find; especially in an attorney. She has given me hope and there is a light at the end of this custody battle.
Review Left On 06/24/2019Denny Patinoz For what I was charged especially, and the research done, I would recommend her because she tries much harder than other attorneys I have seen in past, knows what she is doing in strategy, and can own the truth, regardless. Hard to ask for more, no joke. Especially these days!

Tuesday, September 7, 2021

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? THEN READ MY REVIEWS .... https://affordablefamilylawattorneychico.blogspot.com/

*People must care,  because about 2,609- 2,857   2,934-  7,808 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..

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 you may not need separate attorneys, except perhaps to create a settlement agreement.
However if you actually never knew your legal rights and decided to just move ahead without knowing if what you were doing could harm you, that is dangerous. One caveat--beware the notion to eliminate spousal support in the future, NEVER give up that right. If you do, and you shack up with someone down the line, the other side has ability, potentially, to eliminate your support.... I can't say more re this topic because it is more complicated than it appears. Just BEWARE!! You should consult an attorney before making any key decisions.

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... (and quite frankly,the mediator does state the truth)

                        "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. 

(Supposedly because that isn't the mediator's "role".....)


 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 on issues that arise, than the majority of  family law websites. Some attorneys do explain the laws, yes.   Attorney herein,  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. Many attorneys are afraid to talk about winning and losing cases because some type of opinion could be involved, however, every client always has their own opinions, and those usually need to be understood first?
                      
NOTE: all of our content is original, if we have mentioned a subject from another site, research info or similar, we will include a link. We have no need to use other people's content and claim it is ours. In animal law we may occasionally quote, due to the specificity of the data,but there will usually be a link also.
There is one family law attorney site down in So Cal which is fantastic, and according to their site, they usually win their cases. However. what I noted from the site, previously, is that they do not take certain types of cases, including Domestic violence or Restraining Orders. They may have changed that presently though.....They appear to represent well to do clients with cases that end up winning, and they are not afraid to give the summary of why, how, when?


    All people reading and browsing should use their own diligence to obtain correct information and for checking laws, we would use findlaw.com.  If you do not have money to spend for an attorney and have been married a long time, or over 10 years, or have special needs kids, or have been abused, do NOT simply ignore the law and give your other half whatever he/she says to do. Consult an attorney to make sure you are not being screwed over and taken advantage of !!            


.... ----->>>----->>>>> and last but not least, another review from another gal that needed help and direction... The BIGGEST COMPLIMENT EVER....... Tina Taylor's Review of Attorney Chan from 2018 ....
"I spent five years embroiled in a highly contentious divorce in which I lost everything. As well, I was attacked by my ex-husband during that divorce, leaving me disabled and unable to work."

My attorney in Lassen County did nothing to address this violence and in fact colluded with the other parties counsel. Judicial misconduct also took place in this case.

Oviously, this has left me in a difficult situation both legally and financially. I've spent the better part of a year searching for legal help with no luck whatsoever......... until I called Ms. Chan. Although she is not able to take my case, due to the county where it took place, she actually talked with me..

Not only did she speak with me for more than a few minutes sharing useful information with me, she did so pleasantly, willingly and for no charge. If that wasn't already more than kind and generous, she phoned me a week later giving me the address of a website that has proved extremely helpful.
Ms. Chan's moral principles and ethics are admirable, refreshing, and deserving of respect! Additionally, I read about Ms. Chan's advocacy for animals in her bio and in my opinion, that earns her extra points as a responsible attorney and a fine human being... --------------------------------------------------------------------------------------

Attorney posts this above---because: (a) it is true (b) things like this situation are more common than people realize (c) Lassen County is definitely corrupt

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


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

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

Saturday, September 4, 2021

Our Past Client on National Geographic 'Filthy Riches' 2014

One of our past clients Mr. De Silva, a burl hunter and wood veneer guy, is one of several unusual businesses shown on National Geographic 'Filthy Riches'...Al and his friend Mr. Dahl are shown scouting  burlwood in Utah.... We have seen Al use a chainsaw on burls so large, you almost need a crane to move them. It is a known fact that Al was in litigation in Butte County over the veneer business dispute that arose several years ago. And yes, Al does resemble Tommy Lee Jones the actor.

https://youtu.be/_q3cwLHF_7E (burl video from National Geographic) shows Al driving the truck with burl pulling truck-- you gotta see it!)

The show has different men in rural areas in various parts of the USA doing things like digging for giant worms used for fishing, hunting for a quota of certain plant species, capturing eels on a beautiful river, and generally, some pretty macho type of labor that doesn't involve a 9-5 desk job but can be pretty gritty.
Note: This past client had a very expensive lawsuit against the people that sold his machinery and ousted him from the Oroville location he had for wood burl veneer. Litigation was ongoing.His attorney is in real property litigation.



http://channel.nationalgeographic.com/filthy-riches/





                       http://channel.nationalgeographic.com/filthy-riches/videos/going-out-on-a-limb/


Friday, September 3, 2021

Getting Divorced and Being Smart..is Bitcoin Involved?

Many married spouses are clueless as to what their other half does with their paycheck or other income, and simply do not know what the other spouse does with extra funds or money. One of the newer topics in this realm is the craze on Bitcoin, and mining for same. Bitcoin regulation in attorney's opinion, is somewhat specious, as one of the main brokers in now in the Cayman Islands, and the Courts in the USA generally do not have jurisdiction over the Cayman islands. Because of that, it would be difficult or impossible for a court in California to assert jurisdiction over an account located in the Caymans. Therefore, if your spouse has Bitcoin...., which is lodged in the Caymans, your chances of recovery by using a court, are somewhat dim.* As mentioned prior on a different post, Bitcoin, covid 19 and other new scenarios are creating havoc everywhere. The world is completely different than say 5 years ago, when we knew how to divide "property." Although new computer forensics can always be used, I do believe (and it's only my belief--) that if YOU are diligent with the computers in your home, it would be possible to find out how much Bitcoin (or at least some data on the transaction) was involved. If no one bothers to do this, many, many spouses will be divested of the community right to have the community property split properly.

ALSO........ https://www.cmswire.com/information-management/why-incognito-browsing-data-is-not-really-incognito-at-all/ Google is in the legal firing line again. This time it will be forced to explain in court what exactly Incognito mode is after a group of people took the company to court because they claim that when a user opts for the Chrome browser’s Incognito mode, Google continues to track user activity. The class action, which was initially launched last July alleges that Google is in violation of wiretapping and privacy laws. Google Incognito Mode The claimants, who are suing for at least $5 billion in damages, claim that Google is surreptitiously collecting information about what people view online and where they browse. The complaint, which was filed in the federal court in San Jose, Calif., says that Google gathers data through Google Analytics, Google Ad Manager and other applications and website plug-ins, including smartphone apps, regardless of whether users click on Google-supported ads.
According to reports in the financial news service Bloomberg (subscription required) Google asked the courts to dismiss the case when it was first filed. However, U.S. District Judge Lucy Koh, ruled recently that Google has a case to answer and the case will go ahead. The ruling states that Google does not notify users that Google engages in the alleged data collection.

Because of these types of problems, attorney has access to people who have extremely high credentials in computer forensics, design and security who can likely help a person set up a competent system on your personal computer in order to retrieve the data that would prove what is needed. For that matter, it might also prove other things such as child porn, spying on you, and illegal other actions. Let's not forget that spouses may go to great lengths to wreck a former spouse--attorney is well aware of this, and it often happens in Bay Area larger cities. *(However, *maybe* you can at least prove it existed and then you would have to figure out how to assert any rights that existed during marriage-that doesn't mean you can't say you owned half, if in fact you could prove it IMHO..I could be mistaken but I'm putting it out there..)

Thursday, September 2, 2021

What's Wrong with Facebook? Just About Everything...How it Can Affect Your Case....

Facebook is likely about the best site to gather evidence if you have a family law case...the reason is because most people are so dumb,(after all they are using FB!) they can't stop talking about everything they do, therefore, it's fair game to use, because they put it out there to begin with? In fact, attorney herein has won cases by using Facebook data against the offending party--many people are just too dumb to realize how bad Facebook can be...this includes using FB even on quasi-crimes or domestic violence issues! Does anyone remember the times before Facebook even existed? Well, maybe not if you are young enough, but basically Facebook is even used by judges, even though judges are not supposed to be trolling Facebook to look up what litigants are doing online...there have been reported cases that a judge here and there was actually using Facebook in some manner where it was determined (in those situations) that judges should not be doing such things? The obvious reason for this is because judges should be impartial and not be trolling for evidence online, duh?

> In any event, if you USE Facebook yourself and are involved in a family law case, it is best to avoid saying ANYTHING on Facebook concerning your case, your family, your whereabouts or what you have done, especially if it foolishly involves drinking too much, getting into trouble, and posting pics of the kids. Unbeknownst to many people, nearly everything online, especially Facebook, is subject to people harvesting the data simply because they can see it!!! Excellent info on Facebook over-sharing: https://www.pixsy.com/over-share-nting-risks/

... and if you signed up for Facebook and did not read the rules, which are extremely long winded and legal, you basically have few rights left to your own data...Data brokers harvest much of what is online simply because you posted it. Even in a jury trial, jurors are told NOT to go online and look at Facebook, but we all know they do it anyway. (make sure to see link at end--plenty of negative things re Facebook that you never dreamed of!!) **One key thing to remember : The Internet is forever. Once you have posted something online, it does not belong to you anymore. If you've shared a photo or status update with anyone, it's possible that they could screenshot it and share it with the world. So when in doubt, don't post it.https://bestlifeonline.com/social-media-mistakes/

Therefore, just be forewarned that Facebook can easily be used to gather data about anyone that willingly posts on Facebook. Such data is regularly harvested by tons of entities because data is used to create countless things online. Some of this can end up causing not only legal issues, but private issues. It is basically not going to be the fault of Facebook if you cannot control yourself and tell the world too much crap? OVERSHARING in today's world is rampant!!! It is NOT necessary to share, share, share everything.

No one needs to know all that nonsense. It can harm you in ways you likely cannot even imagine down the line. Be forewarned. https://en.wikipedia.org/wiki/Criticism_of_Facebook

Tuesday, August 31, 2021

Cheating Spouses Caught due to Syncing of Devices?!! True.....


When clients keep using the "SYNC" capabilities, knowingly (or un-knowingly) whether on their phone, tablets, computers, etc.-- it is just a matter of time that will prove that having everything SYNCED to each other's devices-- IS A SUPER, SUPER BAD, BAD, BAD, IDEA????  We have seen more than several cases  in different counties, where an ex spouse somehow got the former spouse's data (text/photos/etc.) "synced" to a personal tablet or equivalent; and other cases where the "sexting" between phones was also "synced" to a personal device, and then printed out for the COURT????  Possibly by the attorney?  

Unfortunately, this type of case can become very expensive, and difficult due to the forensics, data preservation, correct tracing, and then, if needed, the forensic testimony of an expert?  It would depend on facts of the case, as some judges will not admit evidence unless every single iota of law has been qualified, and in data issues, this can be burdensome due to new discovery rules on data/transmission of data. Further, the time it would take will increase, thus expenses are increased to the client.
 




In  these types of cases, one  spouse or former parter either found out about the other partner's  new  interest, or was able to obtain the personal text between the new interest and former spouse.  This is exactly what you do NOT want to happen?  Whether or not the data was of personal or sexual or other personal data or photos--this is NOT what we want to see in court cases involving divorce? and  purposely PUBLISHING this personal data might be grounds for both a civil or personal cause of action under the law?  Depending on the severity, it is possible this would amount to sancionable conduct? 


Current case law indicates that this is not something you want to get into trouble for??? We know, as we have seen more than several of these things keep happening!!!  In fact, such facts were the basic ground for invasion of privacy in a domestic violence case? [The only reason we dropped the DV was because the client agreed to do it; otherwise, it was a perfectly valid DV case based upon strong facts.] 


Legally, we don't like to see these actions happen, but they are becoming more and more apparent. Such illegal actions can not only ruin one's reputation, it can cause job loss, intimidation, harsh reaction that would never have arisen, creating intimidation and loss of privacy, lost work hours, and much more, including personal injury.






Saturday, August 28, 2021

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

Friday, August 27, 2021

DETERMINE SPOUSAL SUPPORT CORRECTLY?

Most clients do NOT realize why it's difficult to determine spousal support in a long marriage, especially if there were private businesses, shared businesses, or basically any type of business that was making some decent income. Especially when one spouse was a stay at home spouse, this can create a huge, huge problem for the other party, as spousal support will not only be huge, it will likely practically break the party that worked, financially. This is an expensive thing to do legally mainly because it will take time to get the 14 factors and the evidence and then to weave it altogether for the argument? The reason we say this is because it's true? There are 14 (yes, fourteen) factors that the court will look at to determine the spousal support--and IF a judge only uses the Dissomaster (computer program) then it's unlikely the dissomaster can implement the 14 factors. Therefore any long term spousal support case should have a trial brief which will go over all of the 14 factors.
I am not going to list the 14 factors here [believe me, it can be very involved] but you can easily look them up online. The question on the 14 factors will eventually require a knowledge of quite a few personal facts, so only the spouse or close friends would likely know those facts. If some of the facts are left out, that would be up to you or your attorney, and how best to present the case. Trust me, it's not exactly an easy job if it is done correctly.
Even if both spoues work, it's still not really that simple. In some cases attorney herein will use all 14 factors but in a few cases where spouses are both high income earners, there may not really be a need for spousal support. Obviously a stay at home Mom would likely require support of some type. Also, if there are no children and the spouse has never worked, that is an entirely different issue in spousal support--I don't have time to explain it here.

But it's likely that if the wife was not a homemaker with kids and just didn't work at all, the court *might* make her (or him) look for a job. No guarantee, but since people these days are gender fluid, it's hard to say sometimes who the wife is or what she (or he) is capable of...therefore in Los Angeles for example, I would expect to see a case come out involving same sex partners with one having a much higher income; and that party might not necessarily be the male [if there is a male involved at all]. In fact, since they do not even LIST the GENDER of the children on a divorce petition anymore---it's possible that they may even stop calling the parties husband and wife....Just sayin'.........

Thursday, August 26, 2021

"BINANCE" and Whether Your Spouse is Involved...Jurisdiction Issues in Court

BINANCE Holdings Limited (Binance)is apparently the world's largest cryptocurrency exchange platform (by trading volume) and is facing increasing scrutiny, where regulators are attempting to ensure that Binance is not actually providing services in jurisdictions where it is neither licensed registered or regulated, as this could create consumer protection concerns. Trading by residents in jurisdictions where Binance is not actually licensed to operate could create harm to those using the service. THUS.....If one discovers a spouse has engaged in hiding money via cryptocurrency, and one accidentally finds proof of same, but then the spouse that hid the crypto actually loses it somehow, how would a court designate the loss as to the party who never knew the source in the first place? Due to jurisdiction issues of whether a CA court, whether state or federal--would even have jurisdiction at all---


If the spouse that hid the crypto account had instead invested in actual gold or other valuables, typically this would be listed on the Family law worksheets where spouses must declare their property. When property is not declared, oftentimes the court *may*, if egregious enough, award the asset to the other party. This has happened for example, when a CA wife won a big lotto payout, hid the fact (while married) and then soon divorced the husband. When the husband accidentally found out after the divorce, he re-opened the divorce and then proceeded against the ex wife for failure to disclose. The court found that non disclosure was thus illegal because she won the lotto when married and thus it was community property--and the Judge awarded the entire amount TO THE HUSBAND. For that matter, post Camp fire cases may indicate that wrongdoing was done when only one party cashed the fire checks, or received money payouts and failed to disclose to spouse. That is a breach of fiduciary duty and the Court will not tolerate actions like that... There are severe penalties if proven, against the wrongdoer. If you have this issue I (attorney herein) may be able to help you.

Further, there have already been appeals to the CA State Appeals Court on bitcoin cases, including the fact that usually, something like bitcoin would be considered in the realm of a monetary item, even if it is not USA government dollars or coins. The fact that it can be bought and then sold, etc. tends to simply mean it is something that has value and owned by someone, thus it can likely be divided (the valuation is just another factor...)

Attorney herein does not see that much difference between the hidden lotto winning and things like hiding bitcoin? Nearly all computer data on household computers can be traced, and if your spouse buys a new computer and you don't know what happened to the old computer, this could be a problem if the data was on the old computer. Most bitcoin is done on a computer although I suppose one could use a friend's computer? (I have several experts on computers that are very high on the chain and can trace such actions.)

Therefore, if your spouse seems to know a lot about bitcoin and his/her friends do also, you may need to use stealth to discover how much he or she has invested. Bitcoin will likely only go up and not down since in bad financial times, this type of currency will often be volatile.

I recommend reading this link to Ken Reyes' article, an attorney/accountant from Los Angeles: https://www.kenreyeslaw.com/blog/2021/may/do-i-have-to-disclose-my-bitcoin-to-my-spouse-in/

Showing results for california bitcoin cases,appeal, etc.

Archer v. Coinbase, Inc. :: 2020 - California Case Law https://law.justia.com › california › court-of-appeal Aug 10, 2020 — The court of appeal affirmed. Archer failed to establish the existence of an agreement by Coinbase to provide the Bitcoin Gold to him and failed ...

Marriage of DeSouza - California Courts of Appeal - Justia Law https://law.justia.com › cases › court-of-appeal Aug 10, 2020 — Husband's bitcoin transactions, after the automatic restraining order following a petition for disso... Read the full annotations for this case.

Tuesday, August 24, 2021

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

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

[PLEASE NOTE: This is not legal advice--the specific fact pattern is true as it applied to a client's case, and ALL cases are different. Your own specific case facts may bring different results due to the fact pattern and thus your outcome may result in a different manner--attorney herein does not have a client-attorney relationship with the reader, and no blog posts or articles by attorney create an attorney-client relationship;all of attorney's past cases are fact based and true but reading attorney's blog is not a solicitation by attorney.] 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 2,805 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, August 15, 2021

When You're Ready to "Give Up"-- Check Out This Amazing Guy!?!

Attorney realizes that many litigants feel depressed, mad, sad or otherwise not happy about their family law case and sometimes will give up hope of seeing it through....BUT after seeing this guy from Egypt with no arms--actually play ping pong (table tennis) by using his mouth-- I realized that there is very little that cannot be done... when one is determined?

This guy should be a huge inspiration for anyone who has all of his or her limbs! The sheer tenacity of this guy so amazed me that I kept reading all I could find out about him, and it seems this year he actually did retire from playing---but the fact that he could even play table tennis at all was so amazing, I know I won't forget him. There is only one reason I put this post up here, because it means a lot to me--it shows that determination is key in nearly everything. So if you are feeling depressed because of your family law case and not getting what you want or making any gains, do not give up. You may need to take a different approach but most cases can be improved, especially if you are determined. -----------------------------------------------------------------

Paralympian Ibrahim Hamadtou somehow plays ping pong without arms (By Mark W. Sanchez, August 26, 2021) Ibrahim Hamadtou competes in the Paralympic games. He has no arms in a sport that seems to require them. But as is the theme of so many Paralympians, Ibrahim Hamadtou has found a way. The Egyptian, who lost his arms in a train accident at 10, is one of the more inspiring stories found in the Paralympic Games in Tokyo, where he uses a foot and his mouth to compete against some of the world’s best table tennis players. Hamadtou balances the paddle in his mouth and uses his right foot to loft the ball in the air for his serve. Each volley feels like a miracle.

“One of the most important memories that I will never forget was when one of my friends told me to stick to something I could do,” Hamadtou told the Olympic Channel. “That remark was the spark that generated something inside of me. The will and determination. I wanted to prove to him that I could practice a sport.”
He says that he began playing in 1986 in Egypt, his village’s favorite sports being soccer and table tennis – but he wanted a “challenge,” so he preferred the latter. He has risen to the top and is competing in his second Paralympic Games, having finished in ninth in the team event and 11th in the singles in Rio.

Saturday, August 14, 2021

Bankruptcy and MSAs, Judgments--BEWARE...You Can Lose Big Time...........

SO..when is spousal support  "exempted"  in Bankruptcy?  How about under CCP 703.140?





..........What if the "MSA was purportedly ambiguous?"

..............What if the court thinks the MSA lists the spousal support--- but it's really not spousal?

................What if the alleged support was not reasonably necessary for such support?

---->  Must the Court look beyond the labels provided for in the MSA?

An evidentiary hearing in Bankruptcy Court is very interesting. (See ftp://38.98.2.146/DKupetzArticle.pdf )
..............."While there are significant differences between adversary proceedings and contested matters, the similarities between them are greater than appellant assumes. 
In a contested matter, there is no summons and complaint, pleading rules are relaxed, counterclaims and third-parties practice does not apply, and most pre-trial procedure is either foreshortened or dispensed with in the interest of time and simplicity.

 Nevertheless, . . . discovery is available, testimony regarding contested material factual disputes must be taken in the same manner as in an adversary proceeding, and the court must make findings of fact and conclusions of law before entering an order that has the status of a judgment." ]

And in this particular case, the Trustee objected to the purported spousal support exemption under the CCP code cited above.  Also noted, Trustee mentioned that the item was purportedly concealed before but that was not  made very clear.

Both parties had attorneys, both parties had attorneys during the MSA process, and the wife had expert. Wife stood to lose about $200,000. and yes,
she did lose it.

...[T]he court initially noted that nearly all cases regarding whether an award is in the nature of spousal support are in the context of nondischargeability under § 523(a)(5), as opposed to an exemption, which was "a different situation." Hr'g Tr. (Jan. 20, 2012) 88:2.      Nevertheless, the court proceeded to discuss In re Combs, a nondischargeability case, and the factors a court can consider in determining whether an award in a divorce decree is in the nature of spousal support or a property settlement. 
     In considering the Combs factors, the court concluded that the Met Life Account was not spousal support; it was a division of property, and therefore not exempt under CCP § 703.140(b)(10)(D). The court further noted that the MSA's express provision for spousal support which, under Stout, could be considered in determining whether an award in a divorce decree is support or property division, was an important factor in its decision to disallow the exemption.
The bankruptcy court entered an order sustaining Trustee's objection and disallowing Diener's exemption of the Met Life Account as spousal support under CCP § 703.140(b)(10)(D) on February 10, 2012. Diener timely appealed.
http://www.leagle.com/decision/In%20BCO%2020121128926.xml/IN%20RE%20DIENER  (read case at this link)



You will likely need to be an attorney to understand it, but then again, maybe not.The bottom line is-- if your client may end up in bankruptcy court to salvage assets, you better be sure that the MSA will work under bankruptcy rules and state exemptions, otherwise, as can be seen here, it can open a brand new issue never decided by a bankruptcy court before, and your client is the guinea pig.


Had the wife accepted payments of support without the need for later claiming that the award was an intended buy out for spousal (which was not apparently stated) in the MSA, perhaps she could have left that provision subject to open jurisdiction to enforce; but by taking the money all at once, and since it was not deemed spousal (which would make it taxable to wife) it appears that the Trustee realized this, because the debtor kept amending the Schedule C Exemptions. 
                                 Which is likely a red flag in our opinion....Oops...Originally posted in 2016......

MOVE AWAYS AND CHANGING JURISDICTIONS

Most move away cases will involve one parent moving to a different county, state, or country. This requires the current court that has jurisdiction, to release the case to another court in another jurisdiction. Usually to accomplish this, the current court must give permission for the change of venue. In most cases this will require a hearing and if the case is contested it may require a trial.
This is not exactly the most inexpensive type of motion as it will require both factual data and other information which will be contested. Its is preferable to have as many pertinent and key witnesses as possible to ensure that one has not left any evidence out. If you believe you have a case which requires a jurisdictional issue feel free to contact attorney. Even if you are one who wants to challenge a move away, or you are trying to maintain the status quo, attorney can do either side. While attorney cannot promise an outcome, most of attorney's cases have resulted in satisfied results. Any doubts about your case will be discussed upfront so that we know what we are facing in total.In this manner, the client will know that we have covered the facts and if anything needs to be changed or worked on. My track record of desired results is evident due to the time involved over many years; I am here for only one thing; and that is normally to win the case. If I believe there are impediments to winning what you desire I make that very clear. when it comes to kids and parents, each parent and each child is entitled to get what is fair... and for that reason, I work hard to see that it is done.

Wednesday, August 11, 2021

Attorney's Tiger Team Approach, Yes -- Even in Family Law



A tiger team is a known professional method of breaking down a problem into smaller segments to isolate all possible issues; for example, in software engineering, it is common to use tiger teams. In scientific issues and spacecraft (where it kind of originated) it is par for the course.


When difficult family law issues arise, it is basically the same method except science kind of goes to the mental issues, and the remaining problems can be a mix.  We don't expect clients to handle the legal issues obviously. Past mistakes or errors in cases are more common in cases where the parties have never solved anything, but continue to battle year after year. After viewing many cases where nothing has seemingly changed over the years for the better, sometimes clients will refuse to do things differently for various reasons.


However, it has been attorney's experience that in breaking down the issues, most attorneys focus only on the legal problems. While that certainly is the course of action for the attorney, many other elements of the case will come into play. Having a wide background of experience in dealing with many types of individuals, attorney has found that certain types of people will focus on certain issues only, while ignoring other problems completely. It has also been noted that ignoring some issues can cut off solutions that may actually exist.  This is somewhat difficult to diagnose until one has enough experience in the field, but like a car mechanic, we basically know what to look for. [Attorney is not originally from Butte County, and has been to at least 28 different court houses throughtout California, and Northern, Eastern and Southern Districts, including Federal Courts for Bankruptcy. In animal law cases, we often see issues which deal with federal law, and not just state law.]

A root cause of failure is often due to the parties making decisions
 based upon improper assumptions or beliefs.

Particularly because attorney has much experience as defense counsel (and social work experience), this brings an additional element into the case which is often helpful. Many family law attorneys have never been practicing defense attorneys or worked with families who have issues..  There is a difference. And there is a difference in setting up a defense as well.

Clients that have been wrongfully accused of anything will benefit in hiring an attorney who has done defense work, criminal defense and similar situations. It would be similar to hiring an insurance defense attorney, many of whom can be difficult to work with.. LOL and that was the point here?

https://www.futureofenergyinitiative.org/Pubs/MTT.pdf (in the past, attorney linked an MIT piece on the space expedition; that was fairly old, and so put this newer selection. Attorney also subscribes to MIT subscriptions which are often very helpful.)

Tuesday, August 3, 2021

Facebook Warning Again Just in Case...

I cannot overemphasize the potential damage that Facebook provides and where most people simply buy right into the crap mainly because they aren't very bright, or could be just plain dumb? Hopefully if you are actually trying to litigate a family law case, you have managed to shut down your Facebook to almost nothing. The preferred tactic is to not be on Facebook at all. IF you absolutely must have it to begin with,there should not be personal data that could be used against you on there if you are smart, since obviously it will be used against you and judges don't care that you were that dumb? For that matter, FB is in court all the time now and it's just a matter of time before they find something legally on FB and then they will start to lose some money (not that it would bankrupt them, that will never happen because there's too many dumb people out there who can't live without FB?! Not to mention the advertising!) Below is problematic because even the government can't stop FB from what it looks like--- at least not in the way they attempted to do it.......
The FTC and a big group of states filed separate lawsuits last year that accused Facebook of breaking antitrust law to keep smaller competitors at bay by snapping up rivals, such as Instagram for $1 billion and WhatsApp for $19 billion. JUDGE FINDS FLAWS IN MARKET SHARE CLAIM The federal government and states filed a total of five lawsuits against Facebook and Alphabet Inc's (GOOGL.O) Google last year following bipartisan outrage over their social media clout in the economy and the political sphere. The judge said that the FTC did not adequately support its assertion that Facebook has more than 60% of the market. But Boasberg said the agency could potentially fix the issue in a refiling. The judge also criticized portions of the FTC's case regarding its refusal to allow interoperability permissions with competing apps. Republican Senator Josh Hawley criticized the court's decision on the FTC lawsuit as "deeply disappointing." Reporting by Diane Bartz