Family Law
Personal Injury
Probate
Family Law
A judgement of dissolution of marriage or of legal separation may be granted only on the grounds:
irreconcilable difference that have caused the irremediable breakdown of the marriage or incurable insanity.
The irreconcilable difference alleges as the grounds in virtually every petition for dissolution or legal separation are defined by statute as those grounds that are determined by the court to be substantial reason for not continuing the marriage and that make it appear that the marriage should be dissolved. What is required to meet the statutory requirements is the existence of substantial marital problems which have so impaired the marriage relationship that the legitimate objects of matrimony have been destroyed and as to which there is no reasonable possibility of elimination, correction or resolution. As a practical matter, courts have been quite liberal in finding the requisite irreconcilable differences and consequently, their existence is rarely an issue in dissolution or legal separation proceedings. On rare occasions, at a hearing with both spouses present, one will state that there is a possibility of reconciliation. Usually the other spouse will make it clear that this is a false hope. If it appears to the court, however, that there is a reasonable possibility of reconciliation, the court must continue the proceedings for no more than 30 days.
A judgment of dissolution of marriage may not be entered unless at least one of the parties was a resident of California for six months and of the county in which the petition was filed for three months, immediately before the filing of the petition. This residency requirement is mandatory and may not be circumvented by stipulation or consent. There is no statutory residence requirement, however, for a judgment of legal separation. It is not uncommon for a new arrival in California to seek a dissolution. There is a minimum six-month waiting period between the service of summon and petitioner and the termination of marriage. A new arrival may be concerned with the six-month residency requirement for a dissolution and the six-month waiting period may result in a wait approaching a year before the marriage may be terminated. This delay can be shortened by the party's filing a petition for legal separation and then amending the petition to one for dissolution when residency requirement is met. The six-month residency period will run to the date of filing of the amended petition for dissolution, not the date of filing of the initial petition for legal separation. Another reason for proceeding in this matter is to enable the petition to seek pendent lite order regarding custody and support while waiting to meet the residency requirement for a judgment of dissolution.
A judgment of nullity
-may be granted only when a marriage is adjudged void or voidable under condition provided by statute. In brief a marriage is void in cases of incest and bigamy, and is voidable in cases of minority, a current spouse mistakenly believed to be deceased, unsound mind, fraud, force and physical incapacity. Further these grounds must be present at the time of the marriage. A void marriage is void from the beginning. Technically, no marriage has occurred, regardless of whether a judgment of nullity is obtained. Nevertheless, it is sound practice to obtain a judgment of nullity in a void marriage because it provides a judicial determination, as a matter of public record, that eliminates any doubt about the parties' marital status. A voidable marriage, on the other hand, is valid unless and until it is judicially declared a nullity. California's summary dissolution procedure. This procedure is available only if, at the time the joint petition is filed, all the following conditions exist:
There are no children of the relationship and the wife, to her knowledge is not pregnant;
The marriage is of no more than five years' duration;
Neither party has any interest in real property;
Amounts owed on debts incurred by either or both of the parties after the date of marriage, excluding debts relating to automobiles, do not exceed $25,000.00;
The total net fair market value of community-property assets (excluding automobiles and specifically including any deferred compensation or retirement plan) is less than $25,000.00 and neither party has separate-property assets (excluding automobiles) with a net value of more than $25,000.00;
The parties have executed an agreement setting forth the division of community assets and the assumption of community liabilities and have executed all documents necessary to effect the agreement; and
The parties waive any of their rights to spousal support
There are many differences between a summary dissolution and a standard dissolution. Most parties choose dissolution rather than legal separation because a judgment of dissolution terminates the marriage and restores the parties to the status of unmarried person. Legal separation is an appropriate choice, however, for parties who wish to separate their lives just as formally and fully as parties to a dissolution do, but who want to remain legally married, whether for religious or other personal reasons. A judgment of legal separation basically determines the same issues that a judgment of dissolution does except that is does not set a date for termination of the marital status. It should be noted that, at any time after a judgment of legal separation is granted, either party may file a separate dissolution action to terminate the marriage.
TEMPORARY SUPPORT
While a dissolution or legal separation action is pending, the court may order either spouse to pay any amount necessary for the support of the other spouse. An action is pending from the time the petition is filed until its final adjudication on appeal or until the time for appeal has passed. It has long been assumed that the earliest day to which an order for temporary spousal support may be retroactive is the date of filing the notice of motion or order to show cause. The two basic factors for the court to consider in awarding temporary spousal support are the applicant's need and the other party's ability to pay. Many courts consult guidelines in setting temporary spousal support. Guidelines divide the family income proportionally. If the parties have children together, the amounts to be allocated for the children from the parents' respective income under the statewide uniform child support guidelines will probably be deducted before the spousal support figures is calculated based on the remaining amounts.
CHILD SUPPORT
Whenever the parties of marriage have the children of the marriage the court has the authority to order both parents to support the children. The child support continues until the child completes the 12th grade or attains the age of 19 whichever occurs first. A court normally has no authority in a marital action to make a child support order against a step parent. The amount of child support is calculated by a computer program. The parties will be required to provide the court with the parties' gross monthly income by providing the other party with 3 pay stubs. The computer program then calculate the net income based on the factors supplied to the program such as the number of tax exemptions and filing status. The court will also allow a deduction of medical insurance deducted from the parties' income, union dues, property taxes, property interest, mandatory retirement, child care and support pay for children of another marriage. Both parties are required to divide equally any uncovered medical, dental, orthodontia and ophthalmology expense. The child support can be modified at any time up until the child is 18 years of age as long as there has been a change in circumstance.
CHILD CUSTODY AND VISITATION
The legislature has declared that it is the public policy of the state to ensure minor children frequent and continuing contact with both parents after their separation or dissolution, and to encourage parent to share the rights and responsibilities of the child rearing in order to effect this policy, except when that contact would not be in the child's best interest. In determine the child's best interest, the court must consider the child's health, safety and welfare. The court must consider any history of abuse by one parent against the child or against the other parent. As a prerequisite to consideration of allegations of abuse, however, the court may required substantial independent corroboration e.g. written report by law enforcement or social welfare agencies, court, or medical facility. The court must consider the nature and amount of the child contact with both parents. The court may not prefer a parent as custodial parent because of the parent's gender. If a child is of sufficient age and capacity to form an intelligent preference regarding custody, the court must consider and give weight to the child's wishes in making a custody determination. The child's age alone is not determinative of whether the child's wishes must be considered and weighted. Rather, such qualities as the child's sincerity, bearing and degree of maturity should be judged. I hope this assists you. If you need further information please feel free to make an appointment in either our Stockton Office. Please call for an immediate appointment.
The legislature has declared that it is the public policy of the state to ensure minor children frequent and continuing contact with both parents after their separation or dissolution, and to encourage parent to share the rights and responsibilities of the child rearing in order to effect this policy, except when that contact would not be in the child's best interest. In determine the child's best interest, the court must consider the child's health, safety and welfare. The court must consider any history of abuse by one parent against the child or against the other parent. As a prerequisite to consideration of allegations of abuse, however, the court may required substantial independent corroboration e.g. written report by law enforcement or social welfare agencies, court, or medical facility. The court must consider the nature and amount of the child contact with both parents. The court may not prefer a parent as custodial parent because of the parent's gender. If a child is of sufficient age and capacity to form an intelligent preference regarding custody, the court must consider and give weight to the child's wishes in making a custody determination. The child's age alone is not determinative of whether the child's wishes must be considered and weighted. Rather, such qualities as the child's sincerity, bearing and degree of maturity should be judged. I hope this assists you. If you need further information please feel free to make an appointment in either our Stockton Office. Please call for an immediate appointment.
Personal Injury
WE ARE THE LAWYERS FOR YOU. Our main goal is to settle your case for the maximum possible settlement. In order to do so, we have to wait until your medical condition has stabilized and then obtain copies if your records from all of the doctors so that we are fully apprized of your condition. We will then compile all of this data and forward it to the insurance company or attorney for the opposing party.
Insurance companies are always skeptical of claims made against their insured. We, therefore, document every claim with as much evidence as is possible. This involves obtaining all medical records, a statement from your employers regarding lost wages, and proof of any other out-of-pocket loss, such as prescriptions, x-rays, car rental, gardeners, housekeepers, etc. Many times insurance companies are so reluctant to pay that a lawsuit must be filed. We do not hesitate to file against a reluctant company.
Remember, Do Not Answer Questions for an Insurance Company without consulting an attorney first. Why? Because anything you say will be used against you. The insurance company is not your friend, not even your own insurance company. Their job is to minimize the cost to their shareholders, not to provide you with your just compensation for the injuries suffered and caused by another person. That is my job.
What are the types of personal injury cases?
Auto accidents MVA CAR ACCIDENTS TRUCK ACCIDENTS
ACCIDENTS IN STOCKTON
Slip and falls
SERIOUS ACCIDENTS IN STOCKTON
Dog bites
WRONGFUL DEATH IN SAN JOAQUIN COUNTY
Wrongful death
Personal Injury lawyer
Assault/battery
Once we file a lawsuit, there is set in force a series of events which generally are similar. The insurance company must hire an attorney which is then required to file a response to our lawsuit within 30 days. They will then usually send interrogatories, or questions, to be answered by you. They will be explained later. At any time an offer may be made. We will always discuss any offer with you.
YOUR JOB
DOCTORS APPOINTMENTS:
Please show the usual courtesy of calling if you cannot keep an appointment. It is important for you to follow your doctor's advise because it is given to speed your recovery. The records which we will obtain from your doctor will clearly prove that you were in pain. I need that proof in order to help you with your claim.
DIARY AND MONTHLY REPORT:
I ask that you keep a diary of your day to day problems which resulted from your injury. This diary is very helpful to me so please keep it diligently. i suggest, at the end of your day, that you write down the problems which you experienced and their duration and intensity.
Example:Headache-1hour-moderate pain.
Use "slight", "moderate", "severe" to describe the intensity.
I review all of these. They are for my use only, so do not be concerned about anyone outside our office seeing them.
MORE FREQUENTLY ASKED QUESTIONS:
When should we settle? We cannot settle your case until your condition has stabilized. Once your condition has stabilized, we will obtain all medical records and billings and have your doctor submit a report regarding problems in the future. It is not until I have all that information and know the totality of your problems that I will be able to present your case to the insurance company for settlement.
We cannot settle your case until your condition has stabilized. Once your condition has stabilized, we will obtain all medical records and billings and have your doctor submit a report regarding problems in the future. It is not until I have all that information and know the totality of your problems that I will be able to present your case to the insurance company for settlement.
How much is my case worth? Once all the facts and figures are in, we can usually get a "ballpark" idea of what the case is worth. The insurance company will make an offer and we will evaluate that and discuss it with you.
Once all the facts and figures are in, we can usually get a "ballpark" idea of what the case is worth. The insurance company will make an offer and we will evaluate that and discuss it with you.
Once all the facts and figures are in, we can usually get a "ballpark" idea of what the case is worth. The insurance company will make an offer and we will evaluate that and discuss it with you.
How is my case going? I have decided this informational letter in order to keep you informed of our procedures. However, if you need information or your questions are not answered by this letter, we are here to help. When you call, please tell whomever answers our phone briefly what you need to know. When you have information to give us, it is far better for you to write out the information and mail it. It is in this manner that we keep your file up to date so that the attorneys can study the progress efficiently. We use a diary system which will not permit any case to go stale for lack of preparation.
I have decided this informational letter in order to keep you informed of our procedures. However, if you need information or your questions are not answered by this letter, we are here to help. When you call, please tell whomever answers our phone briefly what you need to know. When you have information to give us, it is far better for you to write out the information and mail it. It is in this manner that we keep your file up to date so that the attorneys can study the progress efficiently. We use a diary system which will not permit any case to go stale for lack of preparation.
I have decided this informational letter in order to keep you informed of our procedures. However, if you need information or your questions are not answered by this letter, we are here to help. When you call, please tell whomever answers our phone briefly what you need to know. When you have information to give us, it is far better for you to write out the information and mail it. It is in this manner that we keep your file up to date so that the attorneys can study the progress efficiently. We use a diary system which will not permit any case to go stale for lack of preparation.
Should I have my bills paid by my insurance? Yes, if you have insurance, use it. You paid for it. also, a portion of the settlement you will receive from the responsible party represents payment for your medical bills. Many times, you are required to repay your insurance company, but even in those cases, you are entitled to have the company share in your attorney's fees and this reimbursement is only due when you actually recover funds from the other party. You owe no reimbursement if your case results in not recovery.
Yes, if you have insurance, use it. You paid for it. also, a portion of the settlement you will receive from the responsible party represents payment for your medical bills. Many times, you are required to repay your insurance company, but even in those cases, you are entitled to have the company share in your attorney's fees and this reimbursement is only due when you actually recover funds from the other party. You owe no reimbursement if your case results in not recovery.
Yes, if you have insurance, use it. You paid for it. also, a portion of the settlement you will receive from the responsible party represents payment for your medical bills. Many times, you are required to repay your insurance company, but even in those cases, you are entitled to have the company share in your attorney's fees and this reimbursement is only due when you actually recover funds from the other party. You owe no reimbursement if your case results in not recovery.
Do I have to go through all these procedures even though this was not my fault? Yes, unfortunately.
Yes, unfortunately.
Yes, unfortunately.
Do we need photographs? Yes! If you are in the position to obtain photographs of the instrumentality which caused your injuries, or the injuries caused by your accident, by all means do so. These, along with the negatives, should be forwarded to me. We sometimes will hire investigators to obtain photographs for us. If you can do it, it is a cost which will ultimately be saved for you.
Yes! If you are in the position to obtain photographs of the instrumentality which caused your injuries, or the injuries caused by your accident, by all means do so. These, along with the negatives, should be forwarded to me. We sometimes will hire investigators to obtain photographs for us. If you can do it, it is a cost which will ultimately be saved for you.
Yes! If you are in the position to obtain photographs of the instrumentality which caused your injuries, or the injuries caused by your accident, by all means do so. These, along with the negatives, should be forwarded to me. We sometimes will hire investigators to obtain photographs for us. If you can do it, it is a cost which will ultimately be saved for you.
Should I send all medical bills and receipts to you? Yes, we need all information relative to your claim. We will be acquiring your records and billings from your treating doctors and sometimes things can be overlooked therefore these bills and receipt will assist us. Please send them to our office. Always let us know when you see a different doctor from the one previously discussed.
Yes, we need all information relative to your claim. We will be acquiring your records and billings from your treating doctors and sometimes things can be overlooked therefore these bills and receipt will assist us. Please send them to our office. Always let us know when you see a different doctor from the one previously discussed.
Yes, we need all information relative to your claim. We will be acquiring your records and billings from your treating doctors and sometimes things can be overlooked therefore these bills and receipt will assist us. Please send them to our office. Always let us know when you see a different doctor from the one previously discussed.
Can I recover from my lost income? Yes. We will need proof from your employer. We have forms for obtaining this information. No form is necessary if you will have your supervisor write us a letter stating the amount of time you lost from work, the amount of your earnings, and the fact that you would have been employed if it was not for this injury. Your supervisor should sign the letter.
Yes. We will need proof from your employer. We have forms for obtaining this information. No form is necessary if you will have your supervisor write us a letter stating the amount of time you lost from work, the amount of your earnings, and the fact that you would have been employed if it was not for this injury. Your supervisor should sign the letter.
Yes. We will need proof from your employer. We have forms for obtaining this information. No form is necessary if you will have your supervisor write us a letter stating the amount of time you lost from work, the amount of your earnings, and the fact that you would have been employed if it was not for this injury. Your supervisor should sign the letter.
If I no longer feel that I need my doctor's care, should I continue to go? I think that this is a question which you should always raise to me. That way, I receive information that your complaints of pain have reduced significantly and will request the doctor's report.
I think that this is a question which you should always raise to me. That way, I receive information that your complaints of pain have reduced significantly and will request the doctor's report.
I think that this is a question which you should always raise to me. That way, I receive information that your complaints of pain have reduced significantly and will request the doctor's report.
CONCLUSION:
I am certain that you will be pleased with our representation of you. We will prepare your case diligently and will attempt to settle it as soon as it is reasonable to do so. We have had such a good rate of settlement that the necessity for filing suit has been reduced to only approximately 20% of our cases. And of that 20% which must be filed, more than 95% will settle. It just takes longer sometimes to prove that you will not give up. On the other hand, it is good to know when you should capitulate some and reach a settlement. We will see that your case is fully prepared and that you are given the best advice when it comes time to discuss settlement.
We have filed and won many personal injury cases in the millions of dollars and we will work very hard for you, to provide you with the monetary compensation that you deserve for the pain and suffering you had to endure as a result of the accident.
Do not wait, call today to set up an appointment. The best time to call is immediately after an accident has occurred so that I can assist you in making your case foolproof against the insurance company and the other side.
WE ARE THE PERSONAL INJURY LAWYER IN STOCKTON FOR YOU!
Probate
Probate Law:
If you are currently in a situation where you’ll be dealing with the California state court system in relation to a probate or estate related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of California probate law.
Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the " heirs," or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
What exactly is Probate? Probate is a legal process that begins with a "petition" (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be preformed by the personal representative, an experienced attorney and a tax consultant. For example, an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker process to deal with than an estate containing multiple houses that are located in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor.
Probate Law in California:
In order to get through the California probate process without any hang-ups or snags, you will need to understand how the procedure works. This will allow you to plan ahead, with respect to different tasks that the personal representative handles. If you don’t know much about the probate process, you will want to look for an attorney who does and who can help you with your particular case. You’ll also need to know what a "petition" is, and how it is filed with the court clerk. If your case requires it, you might need to file a formal objection in writing at or before the hearing, which usually means that you have to act fast and get things done quickly, so that you don’t miss important deadlines. Finally, the personal representative, among other things, is responsible for taking the inventory and appraisal of the estate in question, with respect to the probate process. People with experience in matters like these, namely attorneys, often make the process easier and less stressful.
The importance of understanding how probate procedures work is essential to having a successful probate experience. Information explaining the probate process is available to every American citizen through their given state. However, that information is complex and uses a strictly formal language, which makes it very difficult to understand for many people. Deadlines are important factors in the California probate process. If deadlines are not met, your case will most likely be delayed and there will be a greater chance that something could go wrong, which is one of the reasons why it’s a good idea to seek legal help. Another factor of the probate process that can be difficult without the help of an attorney, is the writing of formal letters, to which the personal representative is obligated. There are particular formats that are to be followed in accordance with the State of California; and if they are not, procedures can get held up and end up taking longer than they should or need to.
If you are a "petitioner" and are absent from the country or unable to verify a petition, you should know that your attorney can do it for you. What you can see from this bit of information is that attorneys can help you manage responsibility that the state places on you, so that everything is handled in a legal fashion, and you end up getting all that you deserve and are entitled to. The verifying of petitions, which is only one of the many obligations of the personal representative, is extremely important to the probate process in California, since it is the very action which sets the whole process in motion.
"Reports" and "accounts" in California can be verified by anyone who has that duty, and if there is more than one of them, only one is necessary. This means there may be only one person to take part in these processes, so as to allow them to go through more smoothly. Hiring an attorney is one way to assure such an end. By having an attorney on your side consulting with you in the decision making process, you’ll have a better chance to get through your probate matters with greater ease and less stress, and at the same time receiving all that is due to you.
In California, someone can make a "response or objection" at or before the probate hearing. This is important, because it often means that the personal representative will have to deal with out-of-the-ordinary procedures, which would be difficult and complex without the help of an attorney. The court will either hear this kind of response or object it then and there. They may also call for a "continuance", in order to set aside time for this in the future, if it looks like it may be an issue that will require more time to resolve than the court has available. When such is the case, you’re best off with an attorney, who will make sure that matters are handled as you wish them to be.
Requests for continuances are not acknowledged in California as objections or responses themselves; nor are those requests that are made outside of the time limit set by the state. This is important for a number of reasons. First off, if you need to file a formal objection or response, you’ll need to be aware of these deadlines, so that you have your documentation in on time. Secondly, if you’re a personal representative and someone is going to present a formal objection or response at your probate hearing, you’ll need to know how it should be handled, which is another reason why hiring an attorney makes probate much easier.
In California, the "guardian" or "conservator" has 90 days to present the court clerk with an inventory that includes a "true statement" of the estate of the "conservatee". This oath must be endorsed, in order for the probate process to move onward. Attorneys often help guardians in cases such as these, given that attorneys are familiar with this process and know reputable appraisers. The formality of this documentation sometimes makes it difficult for people who don’t have much experience in the law to handle it on their own.
The inventory that is to be included on this list must be appraised as is provided by the State of California, with respect to estates and decedents. That means anyone who needs to write up such an inventory will need to know the format that California has designed. For this reason, many people find it helpful to have legal consultation throughout the process. Attorneys with experience in matters such as these are beneficial to you and the success of your efforts.
As you can see, handling Probate laws is not an easy thing to go through or deal with, which is one of the many reasons why it’s often a good idea to hire an attorney experienced in the field of California probate law to help you with the matter. Having an attorney on your side will help you make sure that the estate and assets of your loved one’s particular case are handled in a proper and legal fashion.
We have handled hundreds of probates, in all varieties of sizes and complexity. The probate fees are set by the California Statutes and can be explained at the first consultation.
Don’t wait until it is too late. The longer you wait the more difficult it becomes.
If you need a will or trust, just email us and we will mail you the questionnaire immediately.
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