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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.

Tuesday, March 3, 2020

BRAIN TRAIN!! Depression in Divorce Doesn't Work!

BRAIN TRAIN!!

For all of those people out there that are already depressed, agitated, overly anxious, or anything close, please realize that since none of those states of mind will help you get through a bad time, it's best to instead channel the negativity into something that can manifest a clearer thinking train of thought.

While this will not be overly fast or easy, it will be worth it. One of the first things you can do is to not think  of what you don't want--- think only about what you DO want. 


After you have managed to stop yourself from being overly negative, you can test yourself every day.. this can be done by catching yourself with negative or anxious thoughts and saying "cancel, cancel" and then immediately saying a positive version instead. Attorney has long known that the brain can be trained but it takes effort. If you believe you deserve something better, then believe it wholeheartedly, and go after it.  It serves no purpose to continue to think in the negative because that will only bolster a negative result.

Amazingly, one must really want the desired outcome to manifest it. Winning a lotto, while on the surface would seem wholeheartedly positive, actually has many negatives within it over time.
Many lotto winners end up on a pile of rubbish and have no friends. So don't believe that just because something on the surface seems great and wonderful, that it will always be that way.



Nothing stays the same, and training your brain to learn acceptance will, with time, change your life. You don't have to believe me, it's all true and widely known over the centuries through time.

And on that note, if you have no clue as to how to learn "acceptance" [which basically means learning not to judge everything], I recommend the book by John Ruskan, Emotional Clearing, particularly the section on acceptance.  I have had clients tell me that the book changed their lives, and I believe it.


Family law, divorce, and court can make people feel awful! But even so, learning not to label everything and acquiring the ability to learn acceptance at a certain level can actually change your life. I have given the books out to clients and many of them have even told me the book changed their way of thinking, and one client even said it saved his life. So if it could change your LIFE-- it might be worth it to get the book!!!!

Saturday, February 29, 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.