Mediation Confidentiality

California Evidence Code Section 1119(b) prohibits the discovery of writings prepared for or during private mediation. However, a recent appellate case holds that this confidentiality does not bar the discovery of mandated financial disclosure declarations. Lappe vs. Superior Court, 232 Cal.App. 4th 774. In Lappe, the wife sought a dissolution of her marriage. The parties […]

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Recent Family Law Custody Decisions for the Inland Empire

In Marriage of Olson, decided July 30, 2015, the court held that even though a parent defaulted(failed to participate) when the custody judgment was entered, the defaulting parent can still seek a post-judgment custody modification because the primary concern is the well-being of the children. In Jane J. vs. Superior Court, published June 16, 2015, […]

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Inland Empire Questions: WHY DO I HAVE TO SHARE MY PENSION WHEN MY SPOUSE DOESN’T SHARE HIS/HER SOCIAL SECURITY BENEFITS?

The answer to this pension question is found in the recent case of Marriage of Peterson 16 DJDAR 225 (1-11-16). Namely, the pension benefits earned during marriage are community property and subject to the equal division requirement of Family Code § 2550. On the other hand, the United States Constitution gives Congress the right to […]

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