California Case Reviews of Supreme Court and Appellate Court Decisions
Grandparent Seeking Visitation Must Satisfy Clear and Convincing Burden of Proof
Rich v. Thatcher (2011 DJDAR 16570), 2nd App. Dist., November 14, 2011 Family Code § 3102: Grandparent Seeking Visitation Must Satisfy Clear and Convincing Burden of Proof To Overcome Rebuttable Presumption Mother gave birth to child in 2006, and Father filed Petition to Establish Parental Relationship in 2010. Father died in 2010, and Grandmother filed a Petition for Joinder which the trial court granted. Obviously, Mother and Grandmother “do not get along.” After an evidentiary hearing on Grandmother’s visitation request, the trial court found (1) that … [Read More...]
First Bigamous Marriage Void, So Second “Bigamous” Marriage Valid
IRMO Seaton (2011 DJDAR 16342), 3rd App. Dist., November 8, 2011 First Bigamous Marriage Void, So Second “Bigamous” Marriage Valid Patricia was married to Richard (#1) when she married Henry (#2) during a weekend trip to Reno in May, 1988, just ten days she had gotten a restraining order against him. A restraining order she obtained with the help of her then just divorced love interest Jeffrey (#3). After seventeen years of marriage, Jeffrey sought a Judgment of Nullity claiming that Patricia’s Nevada marriage to Henry had not been nullified. Relying on Williams, … [Read More...]
Implicit Waiver of Fees Found in Broad Language of MSA
IRMO Guilardi (2011 DJDAR 16245), 6th App. Dist., November 7, 2011 Implicit Waiver of Fees Found in Broad Language of MSA After sixteen years of marriage, Wife entered into an MSA only one month after separation and without counsel. Incorporating the MSA, Judgment was entered on October 12, 2005. On October 11, 2006, Wife moved to set aside the Judgment and MSA. While noting the MSA as inequitable on its face, the trial court denied Wife’s request to set aside the Judgment. Without any express waiver of fees in the MSA, Wife sought fees based on Family Code § … [Read More...]
