Attorney's Fees
May 24, 2011Family Code 270 Attorney's Fees To award attorney's fees to a party, the court must first determine whether the party has or is reasonably likely to have the ability to pay. (Note: the extending case...
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Joshua Tobias Hershon's Legal Guides (21)
Carlsbad, CA
Criminal defense Lawyer at Carlsbad, CA
Practice Areas: Criminal Defense, Family ... +3 more
Move-aways: What factors will the court consider?
May 13, 2011IRMO Brown and Yana 2006 Mother wanted to move to NV with the child. She had a final order with sole custody. The trial court granted her motion without giving Father an evidentiary hearing, and the...
See Full GuideWhat is a 352 Motion?
May 13, 2011A 352 motion is a motion to exclude evidence on the basis of undue prejudice among other things. Specifically, the statute is as follows: 352. The court in its discretion may exclude evidence...
See Full GuideNew California Driving Laws 2011
Apr 05, 2011Social Host Even not driving, a social host who supplies alcohol to persons under 21 is now responsible for the child's injuries and those to others as well as property damages. $4 for life flight Al...
See Full GuideWhat Is the Penal Code 1275 Hold on My Bail?
Feb 15, 2011Basically, a PC 1275 hold means that you have to prove to the court that the source of the money you wish to use for bail is not a criminal activity. California Penal Code 1275.1 (PC 1275) reads:(a) Ba...
See Full GuideWhat are "strikes" in California?
Feb 15, 2011Violent Felonies The enumerated violent felonies are listed in Penal Code section 667.5(c). They include murder, mayhem, rape, felonies where the defendant personally inflicted great bodily injury, ...
See Full GuideThe Other Parent Wants to Move Away, What's Going to Happen?
Feb 15, 2011In California, if a parent with shared custody wants to move a great distance, they must either get permission from the other parent or file an Order ro Show Cause in family court seeking a court order...
See Full GuideWhat is a sex tort?
Feb 15, 2011Sex torts include civil lawsuits for intentional or reckless behavior leading to the exposure and/or contraction of sexually transmitted disease. Whether the disease is herpes or something more deadly,...
See Full GuideIn California, if how long is a DUI license suspension if I did not refuse the test? 2011
Feb 15, 2011If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more: A first offense will result in a 4-month suspension. A sec...
See Full GuideHow is a DMV suspension after a DUI different from a court-ordered suspension?
Feb 15, 2011Per the DMV website: The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only. This is called Administrative Per Se (APS). Any sanctions imposed...
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