Complex Issues in California Family Law - Complete Series
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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
Premarital Agreements: Negotiation, Preparation and LitigationVol K Description & Table of Contents
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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: Table of Content
I1 Point of View
I2 Public Policy, Purpose and Philosophy Underlying Support, Professional Fees and Sanctions
I3 Resources Available for Support, Fees and Sanctions
I4 Obtaining Material Facts and Information for Support Purposes
I5 Complex Financial Issues Relating to Child Support
I6 Complex Financial Issues Relating to Spousal Support
I7 Passage of Time As a Basis for Lowering or Terminating Support: When, If Ever, Is Enough, Enough?
I8 Retroactivity Issues
I9 Award of Professional Fees or Sanctions
I10 Where Do We Go From Here?
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?
VOLUME K: Table of Content
K1 Point of View
K2 Representing Party to a Proposed Agreement
K3 Assessing Relationship Between Parties
K4 Scope of Agreement and Public Policy Considerations
K5 Legal Requirements for Drafting a Premarital Agreement
K6 Key Provisions
K7 Enforcement, Performance, and Defenses
Appendix KI Statutes