California Case Summaries

Family Law

Secondary practice area

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.

1st District Court of Appeal, Family Law

Marriage of Jenkins — Default judgment vacated where dissolution petition listed assets only as ‘to be determined’; Code of Civil Procedure section 580 limits relief in default to what was actually pleaded

First District holds that a default dissolution judgment must be vacated under Code of Civil Procedure section 580 when the petition listed assets only as 'to be determined' and the responding spouse lacked notice of the actual property division being sought.

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

In re Christian V. — Amended Juvenile Restitution Statute Did Not Apply Retroactively Where Minor’s Case Became Final Before the Effective Date

Fourth District affirms a juvenile court's joint-and-several restitution order, holding the January 2025 amendment to Welfare and Institutions Code section 730.6 — which replaced joint-and-several liability with several liability based on percentage of fault — does not apply retroactively to a case that became final before the amendment took effect.

2nd District Court of Appeal, Family Law, Litigation

R.R. v. C.R. — Trial Court Erred by Applying Wrong Abuse Standard in Denying Domestic Violence Restraining Order Against Stalking Ex-Spouse

Second District reverses denial of a domestic violence restraining order, holding the trial court applied the wrong legal standard in evaluating whether the petitioner's ex-wife's conduct — repeated stalking, threats, and unwanted entries — constituted abuse under the Domestic Violence Prevention Act.

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