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I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More 
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answered on Mar 25, 2024
Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary... View More
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
answered on Mar 26, 2024
She either meets her evidentiary burden in her motion or she does not. If you do not believe the motion has merit or there is a valid evidentiary basis for changing venue, you can say so in your responsive declaration. "Is it common" ?? All cases are different.
In January father asked for more time with our son. First it was all weekends (Friday to Sunday) then later he progressed to asked for one week on and one week off. Now my question is I know his dad works approximately 120hrs every 2 weeks according to his paychecks. So I know he’s not the one... View More
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answered on Mar 25, 2024
Under California law, your concern for your child's safety, especially regarding transportation to and from school, is valid. If the father's work schedule prevents him from being the primary person responsible for transportation, it's reasonable for you to inquire about who will be... View More
In January father asked for more time with our son. First it was all weekends (Friday to Sunday) then later he progressed to asked for one week on and one week off. It’s been like that for a little over a month him wanting to do 50/50. I recently asked him to buy him clothes for when he has him... View More
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answered on Mar 25, 2024
Under California law, both parents are generally expected to provide for their child's needs, which include clothing, when the child is in their care. It is not unreasonable for you to request that the father have an appropriate set of clothes for your son at his home to reduce the... View More
Since separation, I have diligently continued to pay the mortgage on the property, significantly reducing the balance owed. However, during recent discussions on asset division, I noticed that the house equity was calculated based on the latest balance, which differs by over $80,000 compared to the... View More
answered on Mar 25, 2024
Unless the court grants a motion to value the house at a different date, the court will take values and encumbrances as of the date of trial (or as close as possible). However, if you've paid down a community debt using your separate property (typically your paycheck after your separate), then... View More
Since separation, I have diligently continued to pay the mortgage on the property, significantly reducing the balance owed. However, during recent discussions on asset division, I noticed that the house equity was calculated based on the latest balance, which differs by over $80,000 compared to the... View More
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answered on Mar 25, 2024
Under California law, the date used to calculate home equity for the purposes of asset division in a divorce generally is the date of separation. However, if there have been significant changes in the property's value or mortgage balance since that date, this can complicate matters. The courts... View More
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answered on Mar 25, 2024
Under California law, the division of assets during a divorce, including injury settlements, depends on whether the assets are considered community property or separate property. Typically, if the injury settlement was received during the marriage, it might be considered community property and thus... View More
our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.
In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?
answered on Apr 2, 2024
If you are seeking to advance your hearing from July to April, you'll need to file the FL-300, FL-303, and FL-305, in addition to any local forms required. Since you are not seeking to modify ex-parte orders, the FL-307 is not required, you are only seeking orders on an ex-parte basis.
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answered on Mar 22, 2024
Under California law, to remove guests who have lived in your property for over 20 years without paying rent or utilities, you need to understand they may be considered "tenants at will" or long-term occupants, which affords them certain rights. The first step is to give them a written... View More
She waited until I was out of the county when I see the petition I took the next plane back to Los Angeles but she won't let me in she lie to the police about having a restraining order and told them I was not on the lease after paying the rent for 41 years the police didn't ask for proof... View More
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answered on Mar 22, 2024
I'm sorry to hear about your difficult situation. In California, if you're dealing with divorce and property issues, it's essential to understand your legal rights, especially regarding property and housing. If you've been paying rent for a significant period, you might have... View More
She waited until I was out of the county when I see the petition I took the next plane back to Los Angeles but she won't let me in she lie to the police about having a restraining order and told them I was not on the lease after paying the rent for 41 years the police didn't ask for proof... View More
answered on Mar 23, 2024
This is not a criminal domestic violence matter...it is more a Family Law matter, and I have not handled one in 50 years. Repost on family law, not criminal posts.
Do you have a best friend who can assist you?
I believe she has to serve you with an unlawful detainer.
You can... View More
Could a lease be signed in affect with out legal rights being passed. The lease was for the USA government
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answered on Mar 22, 2024
Under federal regulations concerning Native American trust land, the management and leasing of such land for minors (those under 18) typically require the oversight and approval of a guardian or trustee. This is because minors are considered incapable of entering into binding contracts, including... View More
Within the past year, my daughter who was 11 at the time, was accused of calling a suicide hotline. CPS came to our home and an investigation commenced. CPS went to my daughter's private school, without my knowledge to question her again, which is fine, but I would have rather the school not... View More
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answered on Mar 22, 2024
In California, legal actions against Child Protective Services (CPS) for misconduct can be complex due to governmental immunity issues, but it is not impossible. The specific circumstances of your case, including the actions of the CPS agent and the impact on your family, will need to be carefully... View More
The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More
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answered on Mar 21, 2024
In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More
The Power of Attorney they made me sign in another place they made me go, and it was Mexico, and they said it was for the ability to rent my house out, so I wouldn't lose it. And they used it to run their business, and they put ownership in their names, and in their trust, and they didn't... View More
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answered on Mar 21, 2024
Under California law, you may have grounds to sue if your family used a Power of Attorney to defraud you, resulting in foreclosure and medical debt due to their actions. Misuse of a Power of Attorney, especially to falsify documents or to alter property ownership without consent, is a serious... View More
A child custody evaluator was hired in Ca in 2022; she never submitted the report & has gone AWOL. Allegations of child abuse, sexual abuse & domestic abuse were made by my wife ; these were tossed out by the court. 24 or more supervised visitation reports exist saying I am a great... View More
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answered on Mar 20, 2024
In California, child custody decisions are made based on the best interests of the child, considering factors such as the health, safety, and welfare of the child, and which parent is more likely to encourage frequent and continuing contact with the other parent. The court can indeed consider your... View More
The adoptive parents are separated and the husband has a restraining order against his wife, the wife is in a mental hospital. The biological families had been allowed contact and visits with the child because the adoptive parents allowed it, but CPS did not contact any of the childs biological... View More
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answered on Mar 20, 2024
In California, when a child is placed in foster care, biological families may have options to intervene, especially if they have maintained a relationship with the child. The first step is to contact the local Child Protective Services (CPS) office handling the case. Express your interest in the... View More
We are going to divorce in California, and I am considering starting a new job now that requires getting a contracting and selling license from CSLB. Is holding a license considered a type of property kind of owning a business that may arise an issue under California Community Property law? Should... View More
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answered on Mar 20, 2024
In California, community property laws generally consider any income or assets acquired during the marriage to be jointly owned by both spouses. However, a professional license, such as a contracting and selling license from the California State Licensing Board (CSLB), is not considered a tangible... View More
We are going to divorce in California, and I am considering starting a new job now that requires getting a contracting and selling license from CSLB. Is holding a license considered a type of property kind of owning a business that may arise an issue under California Community Property law? Should... View More
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answered on Mar 20, 2024
The license by itself has no value. You can't sell it to someone else for a certain amount of money, so there's nothing to split with the other party. Now if you were to start your own business, and that business became valuable, or acquired other assets that could be sold, that would... View More
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answered on Mar 20, 2024
Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... View More
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