In California divorce cases, imputation of income refers to the legal process where a court assigns an income level to a spouse who is intentionally underemployed or unemployed in order to avoid paying child or spousal support. If a spouse…
In California divorce cases, joint custody refers to an arrangement where both parents share the responsibility and decision-making authority regarding their child’s upbringing. This can include both legal and physical custody. Legal custody involves the right to make important decisions…
In California, the grounds for divorce are relatively straightforward, as the state operates under a “no-fault” divorce system. This means that neither party needs to prove that the other spouse did something wrong or caused the breakdown of the marriage.…
The California Family Code governs various aspects of family law in the state, covering issues such as marriage, divorce, child custody, child support, spousal support, and domestic partnerships. It provides the legal framework for resolving family-related disputes, ensuring the protection…
In California civil cases, punitive damages are awarded in addition to compensatory damages when the defendant’s conduct is deemed particularly egregious, malicious, fraudulent, or reckless. The purpose of punitive damages is not to compensate the plaintiff but to punish the…
In California civil cases, damages are a monetary award given to a plaintiff as compensation for harm or loss suffered due to the defendant’s actions. The primary goal of damages is to make the plaintiff “whole” by compensating for actual…
In California civil litigation, a breach of fiduciary duty occurs when a party in a position of trust or responsibility fails to act in the best interests of the person or entity they owe that duty to. A fiduciary duty…
In California civil litigation, false imprisonment occurs when one person intentionally restrains or confines another person without their consent and without legal justification. To prove a claim for false imprisonment, the plaintiff must show that they were intentionally confined to…
In California civil litigation, defamation occurs when one party makes a false statement about another that harms their reputation. Defamation can be in the form of libel (written or published defamation) or slander (spoken defamation). To prove a defamation claim,…
In California civil litigation, intentional infliction of emotional distress (IIED) occurs when one party’s extreme or outrageous conduct intentionally or recklessly causes another party to experience severe emotional distress. To succeed in an IIED claim, the plaintiff must prove that…