Practical Guidance
Time-saving Solutions
Knowledgeable Insights

Complex Issues in California Family Law - Complete Series

Select a format

Print Book :8 volumes - softbound
ISBN: 9780820569505
In Stock
Price
$1,997.00
QTY
eBook :epub
ISBN: 9780327172307
In Stock
Price
$1,997.00
QTY
eBook :mobi
ISBN: 9780327172307
In Stock
Price
$1,997.00
QTY
International Order Inquiry

Product details

View a sample of this title using the ReadNow feature

Complex Issues in California Family Law addresses the tough issues facing today's California family law practitioners. The authors synthesize family law cases and statutes and analyze them in a manner instantly useful to experienced family law practitioners who “already know the law.” Each volume is an independent resource that completely covers the title topic—and can be ordered separately:

Fiduciary Duties—Nature and Effect: Understanding Interspousal Fiduciary Duties in Current Family Law Practice. Vol A Description & Table of Contents

Fiduciary Duties—A Practical Approach: Handling Fiduciary Duty Issues in the Day-to-Day Practice of Family Law. Vol B Description & Table of Contents

Transmutations: Understanding, Defending and Challenging Changes in Property Ownership Between Spouses. Vol C Description & Table of Contents

Tracing Separate and Community Funds: Using Tracing Concepts in the Daily Practice of Family Law. Vol D Description & Table of Contents

Equitable Remedies—Moore-Marsden and Beyond: Apportionment and Reimbursement Based on Use of Funds to Benefit Another Estate. Vol E Description & Table of Contents

Equitable Remedies—Pereira-Van Camp and Beyond: Apportionment and Reimbursement Based on Use of Efforts to Benefit Another Estate. Vol F Description & Table of Contents

Family Law Business Valuations: Fundamental Legal Principles for Family Law Practitioners and Forensic Experts. Vol G Description & Table of Contents

Family Law Business Valuations: Mechanics of a Business Valuation Vol H Description & Table of Contents

Complex Financial Issues in Determining Support, Fees and Sanctions Vol I Description & Table of Contents

Building Blocks of Family Law Cases: Characterization, Presumptions, burdens and Standards of Proof and Interspousal Duties Vol J Description & Table of Contents

The Complex Issues set also includes a Cumulative Subject Matter and Major Case Reference Index. This handy locator pinpoints both subject matter analysis and major cases, identifying for each major case the specific issue(s) discussed, across the volumes.

Authors / Contributors

Table of Contents

VOLUME A: FIDUCIARY DUTIES–NATURE AND EXTENT 

Ch. A1 Point of View

Ch. A2 Evolution of Fiduciary Duty in California Family Law: 1849-1999

Ch. A3 Statutory Spousal Fiduciary Duties for a New Millennium

Ch. A4 Overview of the Scope, Nature and Extent of Spousal Fiduciary Duties

Ch. A5 Presumption of Undue Influence

Ch. A6 Current Statutory Interspousal Fiduciary Duty: A Detailed Analysis of Family Code § 721 as Amended by SB 1936

Ch. A7 Comparison of Duties and Obligations Set Forth in Corporations Code §§ 16403, 16404 and 16503 and the Family Code

Ch. A8 Fiduciary (Corporate) Opportunity Doctrine

Ch. A9 Where Do We Go from Here?

Appendix AI: Proposed Comprehensive Family Law Legislation

Appendix AII: Key Family Law Fiduciary Duty Legislation

Appendix AIII: Former Fiduciary Duty Civil Code Sections


VOLUME B: FIDUCIARY DUTIES–A PRACTICAL APPROACH TO HANDLING FAMILY LAW FIDUCIARY DUTIES AND DISCLOSURE REQUIREMENTS

Ch. B1 Point of View

Ch. B2 Importance of Interspousal Fiduciary Duties and Disclosure Obligations in Day-To-Day Practice of Family Law

Ch. B3 Overview of Fundamental Principles of Interspousal Fiduciary Duties

Ch. B4 Overview of Fiduciary Duty Issues Arising From Premarital Agreements

Ch. B5 Overview of the General Presumption of a Confidential Relationship Arising When a Man and Woman Marry

Ch. B6 Overview of General Presumption of Duty Arising From Management and Control of Community Property

Ch. B7 Overview of Effect of Confidential Relationship on Interspousal Transactions

Ch. B8 Analysis of Postseparation Fiduciary Duties

Ch. B9 Ethical Issues for Attorneys Relating to the Client's Disclosure Obligations

Ch. B10 A Practical Approach to Handling Fiduciary Duties in Day-to-Day Practice of Family Law

Ch. B11 Enforcing Disclosure Obligations

Ch. B12 Protective Orders and Other Protective Measures

Ch. B13 Where Do We Go from Here?

Appendix BI: Sample Completed Final Declaration of Disclosure

Appendix BII: Augmentation of Disclosure

Appendix BIII: Sample Document Request Letter

Appendix BIV: Sample Disclosure Letter

Appendix BV: Sample Legal Analysis Letter

Appendix BVI: Sample Letter to Client re: Fiduciary Duties and Disclosure

Appendix BVII: Sample Notice of Fiduciary Duties

Appendix BVIII: Sample Cover Letter to Opposing Counsel re: Notice of Fiduciary Duties

Appendix BIX: Sample Letter to Opposing Counsel Requesting Compliance With Disclosure Duties

Appendix BX: Fiduciary Duty Decision Trees

Appendix BXI: Protective Orders

Appendix BXII: Suggested Statutory "Fine Tuning"

Appendix BXIII: Suggested Changes to Judicial Council Forms


VOLUME C: TRANSMUTATIONS–UNDERSTANDING, DEFENDING AND CHALLENGING CHANGES IN PROPERTY OWNERSHIP BETWEEN SPOUSES

Ch. C1 Point of View

Ch. C2 Importance of Transmutations in Modern Family Law Practice

Ch. C3 Fundamental Transmutation Concepts

Ch. C4 A Transmutation Must Be Valid as to Form

Ch. C5 Transmutation Must Have Been Obtained Free of Fraud, Undue Influence or Other Formation Defects

Ch. C6 Did the Transmutation Address the Right of Reimbursement Set Forth in Family Code § 2640?

Ch. C7 Where Do We Go From Here?

Appendix CI: Sample Transmutation Agreement

Appendix CII: Proposed Amendment to Family Code § 851 in Light of MacDonald and Benson


VOLUME D: TRACING SEPARATE AND COMMUNITY FUNDS: USING TRACING CONCEPTS IN THE DAILY PRACTICE OF FAMILY LAW

Ch. D1 Point of View

Ch. D2 Overview of the Principles and Issues Relating to Family Law Tracings

Ch. D3 Definitions, Presumptions, and Burdens Applicable to Family Law Tracings

Ch. D4 General Principles of a Family Law Tracing

Ch. D5 Equitable Apportionment Tracing

Ch. D6 Sample Family Law Tracings

Ch. D7 Interspousal Fiduciary Duties and Tracing

Ch. D8 Where Do We Go from Here?

Appendix DI: How to Successfully Implement a Family Law Tracing

Appendix DII: Former Civil Code § 4800.1

Appendix DIII: Proposed Legislation Regarding Family Law Tracings


VOLUME E: EQUITABLE REMEDIES–MOORE-MARSDENM AND BEYOND: APPORTIONMENT AND REIMBURSEMENT BASED ON USE OF FUNDS TO BENEFIT ANOTHER ESTATE

Ch. E1 Point of View

Ch. E2 Foundational Considerations Relating to Equitable Apportionment and Reimbursement Issues

Ch. E3 Constructive Fraud: Concept Underlying Equitable Apportionment and Reimbursement

Ch. E4 Consent and Community Contributions to a Separate Property Asset–Equitable Apportionment or Reimbursement?

Ch. E5 Remedies for Actual or Constructive Fraud

Ch. E6 Equitable Apportionment and Reimbursement: Contributions of Community Funds to a Separate Property Asset

Ch. E7 Other Considerations Related to Equitable Apportionment and Reimbursement

Ch. E8 Overview of Scope, Nature and Extent of Spousal Fiduciary Duties

Ch. E9 Presumption of Undue Influence

Ch. E10 Credits and Reimbursement Rights Between Separate and Community Estates After Separation

Appendix EI Restatements of the Law

Appendix EII Proposed Comprehensive Family Law Legislation


VOLUME F: EQUITABLE REMEDIES–PEREIRA-VAN CAMP AND BEYOND: APPORTIONMENT AND REIMBURSEMENT BASED ON USE OF EFFORTS TO BENEFIT ANOTHER ESTATE

Ch. F1 Point of View

Ch. F2 Concept Underlying Equitable Apportionment: Constructive Fraud

Ch. F3 Consent–Defense to Equitable Apportionment or Reimbursement?

Ch. F4 Apportionment, Reimbursement and Other Equitable Remedies of Restitution

Ch. F5 Apportionment Based on Contributions of Community Efforts to Separate Property: Pereira, Van Camp and Progeny

Ch. F6 Equitable Apportionment Tracing

Ch. F7 Determining Reasonable Compensation

Ch. F8 Additional Pereira and Van Camp Apportionment Issues

Ch. F9 "Reverse Apportionment" of Community Assets Based on Postseparation Efforts

Ch. F10 Where Do We Go from Here?

Appendix FI Capital-Labor Apportionment Method ("CLAM")

Appendix FII Pereira and Van CampApplications Chart

Appendix FIII Sample Family Expense Tracing Based on Tax Returns

Appendix FIV Proposed Comprehensive Family Law Legislation


VOLUME G: FAMILY LAW BUSINESS VALUATIONS: FUNDAMENTAL LEGAL PRINCIPLES FOR FAMILY LAW PRACTITIONERS AND FORENSIC EXPERTS

Ch. G1 Point of View

Ch. G2 Family Law Business Valuation Fundamentals

Ch. G3 Overview of Business Appraisal Process

Ch. G4 Pretrial Considerations

Ch. G5 Fiduciary and Disclosure Duties Postseparation

Ch. G6 Protective Orders and Other Protective Measures

Ch. G7 Expert Discovery: Finding Out What the Other Expert Has to Say

Ch. G8 Evidentiary Issues

Ch. G9 Valuation Considerations

Ch. G10 Elements of Business Valuation

Ch. G11 Valuation Issues Unique to Family Law

Ch. G12 Disposition of Business Assets: Who Gets the Business?

Ch. G13 Equitable Apportionment

Ch. G14 Where Do We Go from Here?

Appendix GI Proposed Comprehensive Family Law Legislation


VOLUME H: FAMILY LAW BUSINESS VALUATIONS: MECHANICS OF A BUSINESS VALUATION

Ch. H1 Point of View

Ch. H2 Underlying Premises of Business Valuation in Family Law Matters

Ch. H3 Overview of Business Appraisal Process

Ch. H4 Choosing a Business Valuation Expert

Ch. H5 Documents and Information Needed to Perform a Business Appraisal

Ch. H6 Analyzing and Adjusting Financial Statements and Tax Returns

Ch. H7 Research Performed

Ch. H8 Site Visit and Interview

Ch. H9 Valuation Adjustments

Ch. H10 Fair Compensation Issues

Ch. H11 Valuation Approaches and Methods

Ch. H12 Other Valuation Issues

Ch. H13 Information Relevant to Valuing a Small Law Practice

Ch. H14 Valuing Only Intangible or Goodwill of Small or Group Medical Practice

Ch. H15 Where Do We Go From Here?

Appendix HI Proposed Comprehensive Family Law Legislation

Appendix HII Statement on Standards for Valuation Services


VOLUME I: COMPLEX FINANCIAL ISSUES IN DETERMINING SUPPORT, FEES AND SANCTIONS

Ch. I1 Point of View

Ch. I2 Public Policy, Purpose and Philosophy Underlying Support, Professional Fees and Sanctions

Ch. I3 Resources Available for Support, Fees and Sanctions

Ch. I4 Obtaining Material Facts and Information for Support Purposes

Ch. I5 Complex Financial Issues Relating to Child Support

Ch. I6 Complex Financial Issues Relating to Spousal Support

Ch. I7 Passage of Time As a Basis for Lowering or Terminating Support: When, If Ever, Is Enough, Enough?

Ch. I8 Retroactivity Issues

Ch. I9 Award of Professional Fees or Sanctions

Ch. I10 Where Do We Go From Here?

Appendix I-I Proposed Legislation Regarding Spousal Support

Appendix I-II Proposed Legislation Regarding Disclosure Obligations


VOLUME J: BUILDING BLOCKS OF FAMILY LAW CASES: CHARACTERIZATION, PRESUMPTIONS, BURDENS AND STANDARDS OF PROOF AND INTERSPOUSAL DUTIES

Ch. J1 Point of View

Ch. J2 Basics of Burdens and Standards of Proof

Ch. J3 Threshold Issue: Is It Divisible Community Property?

Ch. J4 Evidence Code Presumptions

Ch. J5 Maxims of Jurisprudence

Ch. J6 Family Law Presumptions

Ch. J7 Basics of Demonstrating Community Interest in Separate Property

Ch. J8 Basics of Demonstrating Separate Interest in Community Property

Ch. J9 Overview of Interspousal Duties and Obligations

Ch. J10 Where Do We Go from Here?