Introduction If a case goes to trial, as the plaintiff, you bear the responsibility of proving your case against the defendant. Inversely, as the defendant, you enjoy the protection of the presumption of innocence. Contrary to popular belief, this presumption is not limited strictly to criminal law. Unlike criminal law, however, the threshold of how much has to be proven, and how clear that...
Swanson O’Dell
From The blog
Negligence vs. Recklessness, Definitions Under CA Civil Law
Negligence and Recklessness: Why does it matter? Negligence and recklessness are often used interchangeably in everyday conversation. Unfortunately, the legal system doesn’t speak quite the same language as the average citizen and finds these two terms legally distinct. When you have suffered an injury, fully understanding these two concepts will aid you in knowing what you have to prove and...
Documentation and Evidence
Preparing For Your Case Recovering from an accident can be a tremendous job. Undertaking the steps to get medical treatment and file claims can be onerous work entirely on its own. When confronted with a recalcitrant opposing party or insurance company, it can often feel overwhelming. A skilled personal injury attorney can help guide you through the process. However, there are some things that...
Comparative Negligence
Introduction If a vehicle changes lanes without signaling and gets rear-ended by another driver going fifteen miles over the speed limit, you may have a case where both drivers are partially at fault for the accident. So what now? Do you take full blame for the accident? Does this mean that you are out of remedies? The short answer is ‘not usually.’ This wouldn’t be the first time courts have...
How Does the Court Calculate Timeshare for Child Support?
HOW DOES THE COURT CALCULATE TIMESHARE FOR CHILD SUPPORT? Time share calculations are very important for determining child support, and generally are fairly simple: the court will determine how much time the minor or minors spend with each parent, and turn that into a percentage. However, there are always twists and grey areas, some of which have been addressed via cases that have been appealed...
When Is A Loan A Loan?
Family law courts have a duty to equitably, and most importantly, evenly, divide all community property assets and debts. Pretty straightforward, right? Well, one issue that comes up with remarkable frequency is loans that one party alleges must be repaid and which the other party alleges were a gift. Consider this scenario: A young couple marries, and they want to buy a house. However, they do...
What are Family Code 2640 Reimbursements?
Family Code 2640 allows a party who uses separate property money (money either acquired before the marriage or through some separate property source, such as inheritance) to acquire property. What this means is that party who, for instance, takes $50,000 he or she had saved before the marriage, and pays it as the down payment on a community property residence, to be reimbursed for that amount...
Recordings in Domestic Violence Cases
Recordings in Domestic Violence Cases We all know that in California, the unlawful recording of confidential communications is a crime. This usually means that recorded conversations in private between two parties are not admissible in court. However, there are some exceptions to this rule, which can be very important. First, if the communication threatens actual violence, there is an exception...
Renewing A Restraining Order: Reasonable Fear of Future Abuse
Renewing A Restraining Order: Reasonable Fear of Future Abuse Restraining orders may be renewed before expiration by application to the court stating the reasons for the request for renewal. What the court will for is whether there is a reasonable fear of future abuse. The more serious the underlying conduct, the more likely the court will find fear of future abuse is justified. The recent case...
What Happens When A Party To A Divorce Dies?
What Happens When A Party To A Divorce Dies? With the statistical rise of later-in-life divorces and court-congestion and delays, the issue of the death of a spouse happens more often than you might think. When one party to a divorce dies, the first question is whether or not the dissolution (called status) has been taken. If so, then the court has the power to finish the property division. An...