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Family Law

[02/07] Perry v. Brown
In a challenge to Proposition 8, a California ballot initiative approved by the voters amending the state constitution to eliminate the right of same-sex couples to marry, the district court's judgment invalidating the initiative is affirmed, with the following rulings: 1) the proponents of Proposition 8 had standing to bring the appeal on behalf of the State of California, whose people must be allowed to defend in federal courts the validity of their use of the initiative power; 2) however, Proposition 8 violated the Equal Protection Clause of the federal constitution, as the people may not employ the initiative power to single out a disfavored group for unequal treatment and strip them, without a legitimate justification, of a right as important as the right to marry; and 3) the district court properly denied a motion to vacate the judgment, as the trial judge, who had been in a same-sex relationship for ten years, had no obligation to recuse himself or to disclose any personal conflict.

[02/03] In re Gabriel K.
On appeal from an order of the juvenile court declaring minors to be dependent children and denying the request of their mother for reunification services, the order is affirmed, where: 1) the juvenile court's denial of further reunification services to the mother for her younger son was consistent with the legislative intent and thus, fell within the spirit of the reunification services statute; 2) the evidence before the juvenile court supported its conclusion that the mother failed to make reasonable efforts to treat her drug issues; and 3) the mother demonstrated no basis for setting aside the juvenile court's decision to deny reunification services.

[02/02] Southerland v. City of New York
In a suit under 42 USC Section 1983 asserting that a New York City children's services caseworker entered the plaintiffs' home unlawfully and effected an unconstitutional removal of children into state custody, the district court's grant of summary judgment to the defendant caseworker is: 1) affirmed with respect to the dismissal of the father's substantive due process claim; but 2) vacated with respect to the father's and his children's Fourth Amendment unlawful-search and Fourteenth Amendment procedural due process claims and the children's unlawful-seizure claim, where the district court wrongfully concluded that the caseworker was entitled to qualified immunity with respect to all of the claims against him.

[02/02] Marriage of Walker
In a family court proceeding in which the recipient of a California State Teachers' Retirement System (CalSTRS) disability allowance challenged earlier family court orders awarding a community property interest in the allowance to his former spouse, the family court's denial of the appellant's motion to set aside the earlier orders is reversed, where the family court erred as a matter of law in concluding that the recipient had made "no mistake" in agreeing that his spouse had a community property interest in his disability allowance and thus should not have denied his motion on this basis.

[02/02] Marriage of Wahl
On appeal from an order requiring an ex-wife to pay to her former husband $552,153.28 in attorney's fees and costs as a sanction because of her conduct with respect to two post-dissolution orders, the order is affirmed, where the record disclosed no abuse of discretion in the trial court's award, and additional sanctions are imposed against the appellant and her appellate attorneys on a finding that the appeal is frivolous.

[01/31] T.W. v. Superior Court (San Diego County Health and Human Servs. Agency)
In proceedings in mandate to review an order designating the specific placement of a dependent child after termination of parental rights, the petition is granted with directions, where the district court abused its discretion by denying a petition by the San Diego County Health and Human Services Agency to remove the child from the home of his prospective adoptive parent, because the district court did not give appropriate weight to the legislature's goal of securing an adoptive home for a dependent child that is free from the influences of criminal activity and substance abuse.

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Family Law

[02/07] Perry v. Brown
In a challenge to Proposition 8, a California ballot initiative approved by the voters amending the state constitution to eliminate the right of same-sex couples to marry, the district court's judgment invalidating the initiative is affirmed, with the following rulings: 1) the proponents of Proposition 8 had standing to bring the appeal on behalf of the State of California, whose people must be allowed to defend in federal courts the validity of their use of the initiative power; 2) however, Proposition 8 violated the Equal Protection Clause of the federal constitution, as the people may not employ the initiative power to single out a disfavored group for unequal treatment and strip them, without a legitimate justification, of a right as important as the right to marry; and 3) the district court properly denied a motion to vacate the judgment, as the trial judge, who had been in a same-sex relationship for ten years, had no obligation to recuse himself or to disclose any personal conflict.

[02/03] In re Gabriel K.
On appeal from an order of the juvenile court declaring minors to be dependent children and denying the request of their mother for reunification services, the order is affirmed, where: 1) the juvenile court's denial of further reunification services to the mother for her younger son was consistent with the legislative intent and thus, fell within the spirit of the reunification services statute; 2) the evidence before the juvenile court supported its conclusion that the mother failed to make reasonable efforts to treat her drug issues; and 3) the mother demonstrated no basis for setting aside the juvenile court's decision to deny reunification services.

[02/02] Southerland v. City of New York
In a suit under 42 USC Section 1983 asserting that a New York City children's services caseworker entered the plaintiffs' home unlawfully and effected an unconstitutional removal of children into state custody, the district court's grant of summary judgment to the defendant caseworker is: 1) affirmed with respect to the dismissal of the father's substantive due process claim; but 2) vacated with respect to the father's and his children's Fourth Amendment unlawful-search and Fourteenth Amendment procedural due process claims and the children's unlawful-seizure claim, where the district court wrongfully concluded that the caseworker was entitled to qualified immunity with respect to all of the claims against him.

[02/02] Marriage of Walker
In a family court proceeding in which the recipient of a California State Teachers' Retirement System (CalSTRS) disability allowance challenged earlier family court orders awarding a community property interest in the allowance to his former spouse, the family court's denial of the appellant's motion to set aside the earlier orders is reversed, where the family court erred as a matter of law in concluding that the recipient had made "no mistake" in agreeing that his spouse had a community property interest in his disability allowance and thus should not have denied his motion on this basis.

[02/02] Marriage of Wahl
On appeal from an order requiring an ex-wife to pay to her former husband $552,153.28 in attorney's fees and costs as a sanction because of her conduct with respect to two post-dissolution orders, the order is affirmed, where the record disclosed no abuse of discretion in the trial court's award, and additional sanctions are imposed against the appellant and her appellate attorneys on a finding that the appeal is frivolous.

[01/31] T.W. v. Superior Court (San Diego County Health and Human Servs. Agency)
In proceedings in mandate to review an order designating the specific placement of a dependent child after termination of parental rights, the petition is granted with directions, where the district court abused its discretion by denying a petition by the San Diego County Health and Human Services Agency to remove the child from the home of his prospective adoptive parent, because the district court did not give appropriate weight to the legislature's goal of securing an adoptive home for a dependent child that is free from the influences of criminal activity and substance abuse.

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Probate Trusts

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