California Case Summaries

Family Law

Secondary practice area

2nd District Court of Appeal, Estate Planning, Probate and Tax Law, Family Law, Probate

Jackson v. Meyer — Trust Revocation During Divorce Proceedings Valid Despite Failure to File With Court

California's Second District Court of Appeal held that a spouse's trust revocation during pending divorce proceedings is valid even though it was never filed with the court, as long as the other spouse received actual notice of the revocation as required by the trust instrument.

2nd District Court of Appeal, Family Law

In re Landon M. — Appeal Dismissed as Moot; Court Clarifies That Allowing Armed Father Access Does Not Constitute Reportable ‘Severe Neglect’ Under CACI

The Second District dismisses a mother's dependency appeal as moot after the juvenile court terminated jurisdiction and granted her sole custody, holding that allowing a father with known guns access to children constitutes 'general neglect' — not the 'severe neglect' that would trigger a reportable CACI listing.

4th District Court of Appeal, Civil Procedure, Family Law

In re N.J. — Implied Findings Doctrine Supplies Missing Presumed Father Finding in Dependency; ICWA Remand Required

The Fourth District holds that where a juvenile court treats a father as a presumed father throughout dependency proceedings without expressly saying so, the implied findings doctrine satisfies the requirement — but an explicit finding must be directed on remand, alongside mandatory ICWA compliance.

1st District Court of Appeal, Family Law, Personal Injury & Tort

C.F. v. Alternative Family Services — Foster Family Agency Owes Duty to Protect Children from Abuse It Knew or Should Have Known About

The First District affirmed a $24.7 million verdict against a foster family agency, holding that FFAs have a duty to protect foster children from abuse they knew or should have known about, but rejecting both an unlimited protective duty and one requiring actual knowledge.

Appellate Division (Superior Court), Family Law, Real Estate Law

Colonial Manor v. Reyes — Surviving Spouse Protected by Rent Control After Original Tenant’s Death, Costa-Hawkins Does Not Preempt

The Appellate Division of LA Superior Court affirmed judgment for a surviving spouse in an unlawful detainer action, holding she was an implied at-will tenant protected by Santa Monica rent control, and that Costa-Hawkins did not preempt the city’s 425% rent increase prohibition.

4th District Court of Appeal, Criminal Law, Family Law

In re Parker B. — 4th District Says Unqualified WIC Section 782 Dismissal Encompasses Findings, Allowing Sealing of Section 707(b) Juvenile Records

The Fourth District holds that an unqualified Welfare and Institutions Code section 782 dismissal encompasses the underlying findings, satisfying section 786(d)'s "dismissed" condition for sealing serious juvenile offense records — but the firearm restriction survives.

4th District Court of Appeal, Civil Procedure, Family Law

In re Marriage of Nishida & Kamoda — Civil Lawsuit Alleging Fraud in Marital Stipulation Was Timely and Should Not Have Been Dismissed After Transfer to Family Law Court

Fourth District reverses dismissal of civil fraud lawsuit alleging misrepresentation in connection with marital settlement stipulation, holding that the lawsuit was timely filed and should not have been dismissed under Family Code section 2122 after transfer to family law court.

California Supreme Court, Family Law

In re Z.G. — Juvenile Court Cannot Terminate Parental Rights Based Solely on Adoptability, and Mother’s Lawyer Was Ineffective for Failing to Demand Required Reunification Services

The California Supreme Court holds that juvenile courts cannot terminate a parent's rights based solely on a finding that the children are likely to be adopted, and that the mother's trial counsel here was constitutionally ineffective for failing to assert her statutory right to reunification services.

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