News & Case Summaries

Case Summaries

Family Law

[08/31] In re A.M.
An order declaring a father's minor children dependents of the juvenile court under Welfare and Institutions Code section 300(f) is affirmed where: 1) substantial evidence supports the court's section 300(f) jurisdictional finding that the father caused the death of a minor child through neglect; and 2) after considering all of the evidence and having the opportunity to observe the demeanor of witnesses, the juvenile court was in the best position to make the credibility findings concerning the father's statements.

[08/30] In re R.R.
In dependency proceedings, juvenile court's order declaring petitioner-father's daughter a person described by Welfare and Institutions Code section 300(b) based on the father's past and current drug use, is affirmed where: 1) the juvenile court did not err in denying father's motion to quash subpoena of his hospitalization; 2) any error in not hearing the motion to quash was harmless because as a matter of substantive law the motion would have been denied as father's hospital records were admissible; 3) father's claim that his right to privacy was violated by dissemination of his medical records is rejected; 4) substantial evidence supported the finding that the daughter was a person described by section 300; and 5) juvenile court did not abuse its discretion by ordering monitored visits.

[08/24] Karpenko v. Leendertz
In a child custody dispute, a grant of a mother's petition for the child's return under the Hague Convention of the Civil Aspects of International Child Abduction is affirmed and the minor child's immediate return to her mother in the Netherlands is ordered where: 1) the district court's findings of fact were not clearly erroneous; and 2) the application of the unclean hands doctrine would undermine the Hague Convention's goal of protecting the well-being of the child, of restoring the status quo before the child's abduction, and of ensuring that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.

[08/17] US v. Newman
Defendant's sentence for violating the International Parental Kidnapping Crime Act is reversed where the district court clearly erred in finding that the offense was "otherwise extensive in scope, planning, or preparation" and thus enhancing the sentence.

[08/13] CFTC v. Walsh
In an action by the CFTC and SEC alleging securities fraud, the Second Circuit certified the following question to the New York Court of Appeals: 1) does "marital property" within the meaning of New York Domestic Relations Law section 236 include the proceeds of fraud?; and 2) does a spouse pay "fair consideration" according to the terms of New York Debtor and Creditor Law section 272 when she relinquishes in good faith a claim to the proceeds of fraud?

[08/11] Ziino v. Baker
In an action seeking to levy against assets held in trust for a bankrupt party in an action based on a prior bankruptcy court order, summary judgment for defendant is affirmed where: 1) the bankruptcy court's order contained no clear designation of plaintiff's entitlement, especially in view of his significant recovery from the bankruptcy estate after the order issued; and 2) plaintiff's privately negotiated agreement with defendant did not qualify as an enforceable judgment for child support.

[08/10] Yepremyan v. Holder
In a petition for review of a decision of the Board of Immigration Appeals (BIA) denying petitioner's motion to reopen for adjustment of status, the petition is denied where: 1) the day after Thanksgiving was a legal holiday for purposes of calculating time under Fed. R. App. P. 26(a); and 2) petitioner did not submit sufficient supporting documentation to show by clear and convincing evidence that her marriage was bona fide.

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