Complex Issues in California Family Law - Complete Series

VOLUME A: FIDUCIARY DUTIES–NATURE AND EXTENT: UNDERSTANDING INTERSPOUSAL FIDUCIARY DUTIES IN CURRENT FAMILY LAW PRACTICE
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
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 Two People 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 Post-Separation 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
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

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?
Appendix CI: Sample Transmutation Agreement

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
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

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 Post-Separation Efforts
Ch. F10 Where Do We Go from Here?
Appendix FI Capital-Labor Apportionment Method ("CLAM")
Appendix FII Pereira and Van Camp Applications Chart

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 Post-Separation
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

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
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

VOLUME K: PREMARITAL AGREEMENTS: NEGOTIATION, PREPARATION AND LITIGATION
Ch. K1 Point of View
Ch. K2 Representing Party to a Proposed Agreement
Ch. K3 Assessing Relationship Between Parties
Ch. K4 Scope of Agreement and Public Policy Considerations
Ch. K5 Legal Requirements for Drafting a Premarital Agreement
Ch. K6 Key Provisions
Ch. K7 Enforcement, Performance, and Defenses
Appendix KI Statutes