In re Marriage of McKean (2019) 41 Cal.App.5th 1083

Oct 16, 2019

OUTCOME: The Court of Appeal reversed the Trial Court's Order in favor of our client

Following dissolution of marriage, 2012 WL 1451249, and subsequent custody order granting mother sole legal custody of severely disabled eldest daughter and granting mother and father joint legal custo ... dy of that daughter and joint legal and physical custody of other two children, mother filed application and request for child custody modification. The Superior Court, Orange County, No. G055601, Lon F. Hurwitz, J., modified custody to grant mother sole legal and physical custody of eldest daughter and sua sponte awarded father sole legal and physical custody of two younger children. Mother appealed. The Court of Appeal, O'Leary, P.J., held that: 1) evidence did not support trial court's decision to award sole legal and physical custody of two younger children to father on grounds that, due to grant to mother of sole legal and physical custody of disabled eldest child, mother was incapable of being joint custodian of younger children, and 2) evidence of compelling circumstances was insufficient to warrant separation of siblings.

In re Marriage of Ficke (2013) 217 Cal.App.4th 10, 157 Cal.Rptr.3d 870.

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Stout v. Marshack (In re Stout), 649 F. App'x 621, 623 (9th Cir. 2016)

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OUTCOME: The Ninth Circuit Court of Appeal overturned the United States Bankruptcy Court for the Central District of California in favor of our client.

This case involved our client, a bankruptcy debtor, wherein the Chapter 7 trustee sought to avoid prepetition transfer by debtor as preference, and creditors sought to deny debtor a discharge based on ... this same transfer. The United States Bankruptcy Court for the Central District of California, Erithe A. Smith, J., granted trustee's motion for summary judgment against our client, on preference claim, but entered judgment in favor of debtor on denial-of-discharge claim, and parties appealed. The United States Bankruptcy Appellate Panel for the Ninth Circuit, Kirscher, Dunn, and Taylor, Bankruptcy Judges, presiding 2014 WL 1724506, affirmed. Appeal was taken. Holdings: The Ninth Circuit Court of Appeals held that: 1. Genuine issues of material fact precluded entry of summary judgment against our client, debtor, on preference-avoidance claim, and 2. Debtor could not be denied a discharge on fraudulent prepetition transfer theory absent showing that assets which he transferred prepetition belonged to debtor. Affirmed in part and reversed in part.

California Energy Investment Fund v. Hu & Associates 2019 WL 423095 (not published)

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