In a divorce proceeding, the court awarded the community business to the husband and issued an order restraining the wife from working in the same business, anywhere, for five years. The appellate court discussed that an agreement restraining someone from engaging in a lawful occupation is void pursuant to statute [Business and Professions Code section 16600], […]
Jurisdiction To Enter A Nunc Pro Tunc Judgment.
A husband and wife were orally granted dissolution of their marriage and the court reserved jurisdiction on all other issues. Two weeks later, the husband died, and three days after that, the court entered the written dissolution of marriage. Counsel for the deceased husband requested the court enter the judgment nunc pro tunc to a date […]
Can’t Sue Family Court Child Custody Evaluator For Malpractice.
In a protracted and acrimonious child custody battle, the mother brought an action against a psychologist acting as a family court child custody evaluator for breach of contract, negligence and intentional infliction of emotional distress. The defendant demurred, citing Civil Code section 47, the litigation privilege and asserted the common law privilege for quasi-judicial acts. The […]
Spousal Support When Domestic Violence Restraining Order Pending.
The trial court denied a wife’s request for spousal support pending the resolution of her application for a restraining order. Family Code section 6341(c) states in part: “If . . . no spousal support order exists, after notice and a hearing, the court may order . . . spousal support . . . the court shall […]
Settlement Bars Claim To Bing Crosby Right Of Publicity.
Entertainer Bing Crosby married Wilma, and he and his wife had four sons. When Wilma died in 1952, her will provided that her community property be distributed in trust to their four sons. Bing Crosby married Kathryn and remained married until he died in 1977. He left the residue of his estate in trust for the […]
Fiduciary Duty Of Disclosure: Pretty Soon They’ll Be Talking About Real Money.
A male lawyer and a female married in 1985. In 2000, he entered into an “of counsel” relationship with a law firm specializing in securities litigation which entitled him to a referral fee of 10 percent in a class action. In 2003, the couple separated and the two entered into a marital settlement [MSA] agreement in […]
First Wife Joined Second Wife In Dissolution Proceeding.
A first wife alleged her former husband fraudulently transferred property to his second wife, so the first wife joined the second wife as a third party to the dissolution proceeding and moved for attorney fees under Family Code section 2030, subdivision (d), [“Any order requiring a party who is not the spouse of another party to […]
Husband Beater Got No Spousal Support.
In dissolution proceeding, husband requested relief from paying spousal support because of wife’s domestic violence. He detailed 19 written police reports, five arrests, three criminal convictions, three criminal protective orders, one civil temporary restraining order, and three probationary periods. The trial court found wife was statutorily ineligible to receive spousal support based on her history of […]
Spousal Support Waiver Deemed Invalid.
On appeal, a husband challenged the trial court’s invalidation of a wife’s spousal support waiver contained in a 1985 prenuptial agreement. The soon-to-be wife had no input about the wording of the document. She claims the first time she saw it was three days prior to the wedding, after all the invitations had gone out. After […]