OUTCOME: My client, Father received 50/50 custody of his son
Paternity case where Mother was requesting Father receive only alternate weekend visitation and she would have sole custody. After an evidentiary hearing the Court awarded joint physical custody.
Family
IRMO ATCHISON
Jun 12, 2013
OUTCOME: IN FAVOR OF RESPONDENT, MY CLIENT
Marvin and Angela were married five and a half years and have three young children. In June 2013 Marvin petitioned for dissolution of the marriage. Along with his dissolution petition, he submitted an ...income and expense declaration stating he was a surgeon, he was paid $33,000 per month, he had self-employment income of $29,100 the prior month, and he had average monthly self-employment income of $27,725.
In July 2013 Angela filed a request for order (request) awarding her child support according to the statewide uniform child support guideline (Fam. Code, § 4050 et seq.) and an unspecified amount of spousal support. As part of his response to her request, Marvin filed another income and expense declaration. This declaration stated he was paid $15,375 a month, he earned a salary or wages of $18,000 the prior month, his average monthly salary or wages was $15,375, he had dividend/interest income of $3,225.41 the prior month, and his average monthly dividend/interest income was $3,225.42.
Following a hearing in August 2013, the court issued an order awarding Angela interim monthly child support of $1,807 and interim monthly spousal support of $4,025, retroactive to August 1, 2013. The order was based in part on findings Marvin had monthly self-employment income of $33,527 and other monthly income of $6,000.
Following a hearing in September 2013, the court issued an order increasing interim monthly child support to $5,219 a month and reducing interim monthly spousal support to $3,000. The order was based in part on findings Marvin had monthly self-employment income of $33,527 and other monthly income of $3,225. The order reserved jurisdiction to adjust spousal support retroactive to August 1, 2013, after the court reviewed Marvin's year-to-date income from all sources. The order directed him to provide year-to-date income information and an updated income and expense declaration to the court and Angela's counsel prior to the next hearing. Following a hearing in October 2013, the court again ordered Marvin to "provide the Court with his current income information on a year to date statement."
In November 2013 Marvin submitted a personal declaration stating he receives income from four sources: a medical group, a surgical center, a consulting business, and as an on-call trauma surgeon. He stated he had only earned $1,000 in 2013 from the consulting business, but had average monthly income from the other sources totaling $31,954. He submitted a companion income and expense declaration also stating he had self-employment income of $31,954 per month.
In December 2013 Marvin submitted a notice of lodgment with 10 exhibits. The exhibits included: an itemization of compensation checks he received from July 1, 2012 to June 15, 2013; deposit details for one bank account; statements from three other bank accounts; federal income tax returns for 2010 through 2012; and state income tax returns for 2011 and 2012.3
Following a hearing the same month, the court issued an order increasing interim monthly child support to $5,380 and interim monthly spousal support to $4,000, retroactive to November 1, 2013. The court based its order in part on findings Marvin had monthly self-employment income of $33,527 and other monthly income of $3,225. The court explained, "The Court had requested [Marvin] to provide his year-to-date income. [He] failed to provide this for the Court[.] Therefore, the Court could only use the prior income of $33,527.00 that [he] previously testified and submitted to the Court in August as his current income
Contracts and agreements
Farhoomand v Caine
Apr 08, 2013
OUTCOME: Jury found in favor of my client. the Plaintiff. Judge awarded $278,000 in cost of proof sanctions
Plaintiff claims Defendant sold the Property to him, complete with, among other enumerable documents, an executed Grant Deed, a Note Secured by Deed of Trust, an amortization schedule prepared by Defe...ndant, duplicate ledgers of “mortgage” payments in Defendant’s own handwriting, and an executed “Affidavit” containing provisions that Defendant was not acting under any misapprehension as to the effect of the documents she executed, acted freely and voluntarily and was not acting under coercion or duress.
Since August 2009, Plaintiff has paid property taxes, insurance, and utilities for the Property through the present. Significant improvements were additionally done to the Property, paid for by Farhoomand. Against the foregoing backdrop, Defendant asserts there never was a sale of the Property to Plaintiff, and that Plaintiff Farhoomand was somehow merely a tenant at the Property. Defendant cross-claimed for elder abuse.