California Legal Blog

Giuliani heading for complex property division proceedings

Many California readers may already be aware of how challenging divorce can be. For instance, if a complex property division problem arises, litigation may be necessary to obtain a fair and satisfactory solution. Such may wind up being the case for the former mayor Rudy Giuliani as he prepares for his third divorce. 

His current wife has reportedly announced that she no longer wishes to be married to him. It has been suggested that achieving a settlement may not be without complication because she and her husband are not on the same page regarding their marital assets. The couple currently owns properties jointly in several locations, including Palm Beach. Squabbling over assets often delays the settlement process and prompts concerned spouses to seek outside legal support.

Is business litigation needed to protect your interests?

What happens if you sign a business contract with someone who then fails to adhere to its terms? Drafting a contract is often an integral component of business relations in California. If you've signed various contracts in the past, you understand the importance of using precise terminology, as well as making sure those who are adding their signatures fully understand all obligations and responsibilities inherent in the agreement. Business litigation is sometimes needed to resolve serious contract problems. 

There are many types of contracts, including those related to business ownership, as well as those regarding employer/employee relationships or service-related agreements. It's critical to be certain that any and all parties signing a particular contract clearly understand and agree to its terms. When someone fails to fulfill the terms of an agreement, it can lead to serious legal complications that interfere with your end goals.  

Custody and multi-state issues

It is true that a divorce gets more complicated when there are custody issues involved. If a couple owns property in both California and Nevada and spends time in each state over the course of the year, which state handles the custody negotiations? It can depend on many factors. Here are some common questions relating to multi-state custody issues.

Which jurisdiction enforces custody decisions?

Breastfeeding central focus of Nicole Curtis's child custody case

Star of the popular TV show Rehab Addict, Nicole Curtis, recently spoke about love, family, life goals and her own family matters. In this case, the latter involves an ongoing child custody battle with the father of her 3-year-old son. Curtis also has a 20-year-old son and says she hopes to one day find love like her grandparents had, although her efforts have not yet been successful. California parents facing similar issues may also worry about the impact their custody disagreements may have on their kids.

Curtis talks about her grandparents a lot, saying she has always wanted to have someone love her the way her grandfather loved her grandmother. Instead, recent months have included contentious litigation regarding custody of her child, which included the toddler son's father accusing her of using breastfeeding to keep his child from him. Curtis has fired back, saying breastfeeding is natural and she should not be legally punished for choosing to breastfeed her child.  

Glen Campbell's children excluded as his heirs

Fans in California and around the world mourned the loss of country music great Glen Campbell following his courageous battle with Alzheimer's disease. A battle of another kind, however, has arisen after his death. Several of his older children have filed a lawsuit, requesting that the court recognize them as rightful heirs to a portion of their father's estate. 

Campbell's children say their dad's wife at the time of his death kept them from seeing their father when he was residing in a special facility for Alzheimer patients. His widow says she did nothing of the sort. She also mentioned that his oldest son neither called to ask about nor visited his father in the past 20 years.

When real estate disputes impede progress and profit

Perhaps you're one of many California residents who are gearing up for their first ever home purchase. On the other hand, you may already own several commercial or private properties throughout the state. Either way, you no doubt understand that various challenges may arise before you seal a particular deal. It's no secret that real estate disputes can lead to serious economic loss; the sooner you resolve such problems, the better.

It's not uncommon for disagreements to arise when multiple parties negotiate or enter signed contracts. Any issue, from deed restrictions, property line assessments, transfers, conveyances or sales agreements can lead to conflicts that must be resolved in order to finalize a deal. Some problems occur post-contract, particularly if one party accuses another of failing to adhere to an agreement.

Complicated child custody case leads to several arrests

In California and elsewhere, child custody is sometimes a hot button issue. Two parents in another state are currently involved in an extremely stressful child custody battle. The mother of one of the parents is also involved.

A toddler was reported missing by his mother when she called police and said her former boyfriend, the father of the child, took the boy and did not inform her where he was going. She also told police that she suspected the man went to a particular residence. Officers were dispatched to investigate the situation and search for the child.

Child support of a different kind: Helping kids cope with divorce

Good parents in California and beyond want what is best for their children. Sometimes, that means they must make decisions in their children's best interests, even if their children will not like the decisions they've made. In some situations, such as divorce, children may need reminding that parents do what they do because they love their kids.

Many children blame themselves for their parents' divorce. Therefore, it's crucial to their well-beings that parents tell their children they are not to blame for adult marital problems. It's also a good idea for parents to let children know they are there, 24/7, to support them. Children may feel as though they're riding emotional roller coasters when their parents divorce; however, parents can be proactive to help them adapt to their new lifestyles.

Does it matter where you file for divorce?

In today’s globally mobile society, some families are taking advantage of work-from-home options, telecommuting and other flexible working schedules so they can live and work from where they choose. The benefits of such schemes means people can move more freely without worrying about losing a sustainable job they love.

However, it can raise unique legal questions for those considering divorce. If you move back and forth from California to Nevada (or other destinations) to take advantage of the changing seasons or for whatever reason, where is “home”? More importantly, where should you file for divorce? Does it matter?

Redbox gains an upperhand in business litigation against Disney

Most California movie watchers are familiar with The Walt Disney Co. The entertainment giant and Redbox, a movie rental company, have been battling out a few issues in court. The business litigation appears to have tipped the scales to Redbox's favor following a federal judge's recent ruling. A central focus of the legal dispute is whether Redbox has infringed upon Disney's rights by selling download codes for Disney movies in its red kiosks, stationed at various locations throughout the country.

The judge denied Disney's petition for a preliminary injunction against the movie rental company. Redbox has apparently incited Disney's anger by selling download codes to very recent, top selling Disney releases, not cartoons from decades past. Interestingly, companies do not have an existing licensing contract between them.

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