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Athina Karamanlis Powers
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Athina Karamanlis Powers’s Answers

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  • Senior invested her retirement savings through her son's and his gf's company. Gf ditched the son & took mom's money.

    My bro & family-- long-time GF + kids-- have been struggling financially ever since the 2008 crisis. My elderly mom used her retirement savings to help fund real estate investments through their company (really his in practice). When the propertie...

    Athina’s Answer

    Need more details. What you described is terrible but depending from the evidence you have you can bring a legal action against that woman.

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  • How do I properly prepare text messages and Facebook messages as evidence in small claims court?

    Someone I know owes me a lot of money and has been delaying to pay me back. I have a written agreement with him for the amount of money that he owes me. I also have back and forth communication with him through chains of text and Facebook messages...

    Athina’s Answer

    FIRST you need to prove that the phone that send you the text was the phone number of the person that ows you the money. Then you need to give a print out of those messages that makes sense to a judge
    Meaning the hole message not pieces of the message
    Some cell phone carries assist to that printing process.
    Another way is to send the message to your email and print it out
    In any case make sure that you print out the date ant time of that messagei
    iF the other party has a lawyer you will need to authenticate the message
    That can be achieved by the use of the rule of evidence
    But in small claims court you will not face lawyers except if the person you sue is a company

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  • In a divorce proceeding, what happens if spouse omits bank accounts that they use in discovery but found by forensic accountant?

    When a forensic accountant finds omitted bank accounts associated with opposing party that were not provided by notice to produce subpoenas previously, does that result in sanctions to that party since they had the knowledge of their finances but ...

    Athina’s Answer

    Generally you need to know: that In case of Intentional Concealment:
    In Marriage of Rossi (2001) 90 Cal. App. 4th 34; 108 Cal. Rptr. 2d 270, the wife failed to disclose the existence of lottery winnings, in order to retain all of those winnings for herself. In Rossi, the Court of Appeal affirmed the decision of the trial court, which awarded 100% of the lottery winnings to the husband under Fam. Code § 1101(h), finding that “the concealment constituted fraud under Civ. Code, § 3294, and came within the penalty provisions of Fam. Code, § 1101, subd. (h)." Rossi, supra, 90 Cal. App. 4th 34, 34; 108 Cal. Rptr. 2d 270, 270. “The trial court expressly found that the wife intentionally failed to disclose her lottery winnings in the marital settlement agreement, the judgment, and her declaration of disclosure." Ibid.
    Approving the trial Court’s award of 100% of the lottery proceeds to the husband , the Court of Appeal states that “the plain language of section 1101, subdivision (h) demonstrates legislative intent to enforce the fiduciary obligations of spouses to one another in dissolution proceedings by imposing substantial penalties for breaches of that duty." Rossi, supra, at 90 Cal. App. 4th 34, 43; 108 Cal. Rptr. 2d 270, 277.
    In case of Partially Omitted Assets The Court has authority to divide an asset that was partially divided by the Judgment, where a portion wasn't disclosed or divided. Fam. Code § 2556 is not limited to assets that were omitted entirely. See Marriage of Melton (1994) 28 Cal. App. 4th 931; 33 Cal. Rptr. 2d 761.
    In reference to Sanctions : the Fam. Code § 2107(c) provides as follows: "[I]f a party fails to comply with any provision of this chapter, the court shall, in addition to any other remedy provided by law, impose money sanctions against the noncomplying party. Sanctions shall be in an amount sufficient to deter repetition of the conduct or comparable conduct, and shall include reasonable attorney's fees, costs incurred, or both, unless the court finds that the noncomplying party acted with substantial justification or that other circumstances make the imposition of the sanction unjust."
    "The 'money sanctions' available under § 2107(c) seem to be directly related to the purpose of punitive damages in general. The Family Code authorizes punitive damages for the breach of any fiduciary duty resulting from conduct which would justify punitive damages under the Civil Code. Civil Code § 3294 authorizes punitive damages 'for the sake of example and by way of punishing the defendant.'

    Those are some of the issues you can bring up to the court against your spouse

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  • Do I fill out any paperwork

    I just got the summons to a hearing to establish perternity and child support I am the other parent who has the child 100% of the time. Do I fill out an income and expense declaration and response to governmental notice of motion or order to show ...

    Athina’s Answer

    YES you do fill papers and answer to all documents that they serve you.
    But I need more info but generally:
    "Parents that separate will need to have a plan for deciding how their children will be cared for and where they will live or spend time. Sometimes parents can agree to a parenting plan, and other times they need the help of the court to come up with a plan that is in the best interest of their children. This section will explain the law about custody and visitation (also called "parenting time") of children, and how to ask for a court order, respond to a request, change an existing order, or enforce an order.

    If you have been served with papers that ask the court to issue an order about child custody and visitation arrangements, you should respond if you want to have input into the final decision.

    To get an overview of the child custody and visitation process, read:

    Child Custody Information Sheet – Child Custody Mediation (Form FL-314-INFO).

    Child Custody Information Sheet – Recommending Counseling (Form FL-313-INFO)

    f you received a Request for Order (Form FL-300) together with attachments explaining what the other parent is requesting:

    Carefully read the papers you received to make sure you understand what the other parent is asking for.
    Note the date, time, and location of the court hearing. They are listed on the first page of the Request for Order. It is very important you go to this court hearing.

    You must respond to the papers you received if you want the court to know what your position is about child custody and visitation. If you do not respond, the court may make orders about your children without taking into account your wishes.
    Even if you do not respond, go to the court hearing and participate in any mediation that the court orders if you want to have any input in the court’s decision about custody and visitation of your children.
    Talk to a lawyer if you want legal advice, someone to go to court with you.
    To respond, follow these steps:

    Fill out your court form:

    Fill out the Responsive Declaration to Request for Order (Form FL-320).
    You can also fill out the Child Custody and Visitation Application Attachment (Form FL-311). It is an optional form (you do not have to use it) but you may find it helpful in making sure you do not leave anything out of your request. It contains a lot of detail about schedules for visits and holidays, as well as other details that can help you as you try to make a parenting plan that is best for your children.
    If you have prepared a parenting plan or proposal for the custody and visitation orders you would like the judge to make into a court order, attach that too."
    (california courts sel-help custody)

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  • Sued for violation of non disclosure agreement, do I have to show up personally in court or can a lawyer appear for me?

    If I violated a corporation's Non Disclosure Agreement and they sue me and take me to court, do I have to show up personally in the courtroom, or can I have a lawyer show up in my stead?

    Athina’s Answer

    i agree with my collegue . Keep in mind if they serve you with a complain and summons you need to answer within 30 days. Don't wait the last minute to answer and hire a lawyer

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  • Serving out of the state business

    Hi, I am serving out of the state business via sheriffs department. Is it acceptable if sheriff sends their afidavit back to me and i deliver it or mail it to the court. Or should the affidavit be sent directly by the sheriff to the court as it s...

    Athina’s Answer

    every state has their own forms and procedures. the main point is to serve the person in their last known address. if the sheriff sends the document back then you need to use a private process server. and file the proof of service with the court

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  • Why did judge dismiss temporary custody?

    Judge dismissed temporary custody because we r still living together under the same roof. Is it advisable to move with children, so the judge can determine what to do? Please advice from a lawyer in California. Thank you.

    Athina’s Answer

    need more details for your case in order to have a viable answer.
    Why you seek custody if you live together? who filed for custody ? you really need to give more info

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