It takes a particular type of family dysfunction for brothers and sisters to take their fight to courtroom after courtroom after courtroom for 12 years. Meet the Donkin clan. Back before everybody squared off before their first judge, parents Rodney…
Coercive Control and the 2020 Amendments to the DVPA
Effective as of September 2020 the California Legislature amended Section 6320 of the California Family Code, to include “coercive control” in the definition of abuse, for purposes of DVPA restraining orders. (See SB 1141, Rubio.) The amended DVPA defines “coercive…
Remembrance of Things Past: Can a Newly Enacted Statute Provide for a Retroactive Award of Attorney Fees?
When a bill becomes law in California, it generally operates prospectively, unless the Legislature specifically provides otherwise. A generally—but not universally—recognized exception exists, however, for new statutes authorizing an award of attorney fees. Some California appellate courts have approved the…
US Privacy Law Update Outside of California
State lawmakers are considering, and in some cases, have enacted comprehensive privacy laws. Similar to the California Consumer Privacy Act of 2018 (CCPA), these laws and proposals include now familiar elements, including emphasis on transparency, consumer rights, disclosure and processing…
It’s Time for Lawyers to Commit to a “Duty of Professionalism” Toward Court Reporters
Every day, in countless rooms and Zooms, court reporters encounter situations like these true stories: As she walked into the conference room, the noticing attorney looked her over and remarked in front of everyone present, “Guess I got the short…
The Ethics of Third-Party Litigation Funding
Photo: Michael J. Fox in The Good Wife. Credit: CBS. In the “Raw Deal” episode of The Good Wife, Louis Canning (played by fan favorite Michael J. Fox) shared privileged information with a litigation funding source about what his corporate client…
Legal Ethics and Attorney Mistakes
Missing a deadline for filing a pleading or discovery response, or omitting an important argument from a brief, can have grave consequences for the client. While some mistakes are more serious than others, the lawyer must still adhere to the…
The Evidence Code in Family Court
The Evidence Code is not just for criminal attorneys. Family law attorneys can also use the Evidence Code as a weapon and should. With a well-crafted Evidence Code objection and proposed order, it may be possible to keep problematic evidence…
Technology in the Legal Workplace
Often I am asked what is an important skill a legal professional should possess. We think of billing, right?! Legal professionals should really know how to effectively bill their time. Time is precious and in a .1 environment it is…
Are evidentiary rulings on summary judgment reviewed de novo or for abuse of discretion? More than a decade after Reid v. Google, it still depends whom you ask.
The first and most important issue in any appeal is the standard of review. For the last decade, however, California appellate courts have been split on how to review evidentiary rulings made in connection with a summary judgment motion. As…
Court to ‘Rescue’ Sisters: Don’t Leave California With Mom Like That
Depending on who you believe, Walter Van Buskirk Jr. was either a devoted son whose care allowed his mom, Ellen Van Buskirk, to live in her Santa Monica home until illness sent her to a rehab facility—or a ne’er-do-well who…
Grandma Can Amend Trust Despite False Beliefs
Is it real—or did grandma lack of capacity to amend a trust? It’s the painful question asked when a loved ones’ behavior seems to be on the edge of the shadowlands. It’s worse if its sad aftermath obscures a family’s…