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Month: October 2015

Grandparents Visitation Rights

New State Bar Opinion Requiring Attorney Competence for E-Discovery.

The cost of litigation may have just increased dramatically in cases involving ESI. The State Bar Standing Committee on Professional Responsibility and Conduct issued Opinion 2015-193 on September 11, 2015. This opinion evolved out of a corporate attorney relying on...

October 31, 2015
Family Law

Elder Abuse – A Rapidly Growing Societal Problem

Each year hundreds of thousands of older persons are abused, neglected, and exploited. Many victims are people who are older, frail, and vulnerable, cannot help themselves, and depend on others to meet their most basic needs. Abusers of older adults...

October 24, 2015
Grandparents Visitation Rights

Grandparents’ Visitation Rights in California

According to California Family Code sections 3100 through 3105, a grandparent can ask the court for reasonable visitation with a grandchild. There is a twofold test grandparents must pass with the court to get reasonable visitation with a grandchild. First,...

October 17, 2015
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Legal Treatment of Frozen Embryos Upon Dissolution. Part 6 of 6.

Which Approach is California Most Likely to Adopt? Hecht v. Superior Court (1993) 16 Cal.App.4th 836, and In re Estate of Kievernagel (2008) 166 Cal.App.4th 1024, California cases discussed in Part 2 of 5 of this series, suggest that the...

October 10, 2015
Family Law

Legal Treatment of Frozen Embryos Upon Dissolution. Part 5 of 6.

For further information, please see Parts 1-4 for definitions, context, and discussions of the contractual and contemporaneous mutual consent approaches.   Again, our thanks to our law clerk, R. Benjamin Vojtik, for his hard work and excellent research on this topic....

October 8, 2015
Family Law

Legal Treatment of Frozen Embryos Upon Dissolution. Part 4 of 6.

Last week, in Part 3 of 6, we discussed the contractual approach (as labelled by Mr. R. Benjamin Vojtik, our law clerk who boiled down his research into readable format for us). Today we continue our examination of the three...

October 6, 2015
Family Law

Legal Treatment of Frozen Embryos Upon Dissolution. Part 3 of 6.

Three primary legal theories have been employed by other states to deal with disposition of frozen embryos. Today's post is focussed on what our law clerk, R. Benjamin Vojtik, our Law Clerk has identified as the "Contractual Approach." How Are...

October 1, 2015