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Protecting Yourself after Domestic Violence

Civil Litigation, Domestic Violence, Family, San Francisco, San Francisco Family Law0 comments

ProtectionCalifornia law provides a number of ways to protect yourself from domestic violence.  The most well known method is is Domestic Violence Restraining Orders under California Family Code Section 6300.   However, its important to note that California provides a number of protections available to the victims of domestic violence beyond a stay away and non-contact orders that are designed not only to prohibited contact, but, to thwart individuals who might try and circumvent such court orders.

For example, California Election Code Sections 5166 and 5166.5 provides a series of procedures for making confidential one’s name and address with the county elections voter registrar.  The idea being that, one’s voting registration information (including address) is generally open to the public.  Specifically California Code Section 5166 provides that one has the ability to Petition a judge that such information be confidential.  If such an order is granted then only the California Secretary of State address is listed, and, the California Secretary of State forwards all election materials to the victim.

Given our approaching national election, it is relief to know that such laws in California are already in place to not only protect victims, but, to prevent abusers from gaining information that could be used to continue their miscreant behavior.

The attorneys at Jones & Devoy have experience in all manner of Domestic Violence matters and can assist not only in obtaining a TRO Restraining Order but can help with all other related aspects that crop up during a DV matter such as stalking, sexual assault, or other such behavior.

 

Does my case need a Receiver?

Business and Corporations, Civil Litigation, Family, Real Estate, San Francisco0 comments

san-francisco-courthouse-1549364A Receiver is  a person appointed by the court in a litigation case who is usually charged with taking control of a particular asset and then carrying out the court’s orders with regard to that asset.  For example, if the court orders a piece of real estate sold, and, the court is not confident that the party who owns the real estate will actually comply with the court order, then, a judge may empower a receiver to take control and sell the real property.

In California Receiver’s are considered a more extreme remedy from the court, and, are only used if the more traditional methods such as a levy or writ of execution are ineffective.  This means that it can sometimes be quiet challenging to get a judge to agree that a receiver is needed in a case.  Usually Receivers are only appointed in particular kinds of cases such as:

  1. Interim Corporate Management;
  2. Issues with Real Property such as Rents, Profits, and Sales;
  3.  Actualizing the terms of a judgment for Marital Dissolution;
  4. Undoing Fraudulent Transfers;

However, if a receiver is appointed then it will usually significantly reduce the amount of time and money spent in enforcing an order or judgment.  This is because a getting a receiver appointed basically substitutes in the receiver for the hostile party to the litigation, and so, greatly reduces the logistics in getting compliance with the court order or judgment.

The San Francisco based lawyers of Jones & Devoy have experience appointing receivers and can help you with you divorce, real property division, or corporate dispute to determine if this is a good option for you case. Our attorneys practice throughout the San Francisco Bay Area including: San Francisco, Oakland, Marin, San Mateo and San Jose.

 

Dividing Real Estate Between Owners in the San Francisco Bay Area

Civil Litigation, Real Estate, San Francisco0 comments

Dividing propertyIf two or more people own a piece of real property (real estate) and cannot agree on how to divide the property, then the legal remedy is what is known as a partition action.  A partition action is a lawsuit between co-owners of real property, that seeks an judgment determining each co-owners interest and then ordering that the property either sold physically divided in proportion to the interest.

Generally speaking, every step in the sales/division process is subject to Court supervision.  Because most judges prefer not to deal with such minutiae they will usually appoint one or more “Referees” and will give them detailed instructions on how to divide or sell the house, condo, or other real property at issue.

Although the Referee(s) will usually be in charge of most aspects of the sale or division process, they will often rely on other outside experts.  For example, many referees will typically consult with a broker before setting a sale price.  The reason for this is that the parties can try and challenge the referee’s actions, and, by consulting with such experts, they help insure that their decisions will not be overturned by the judge.

If this process sounds overly complicated and stilted it’s because it is.  Whats more the parties typically have to pay for costs like the referee, so, it is usually in the co-owner’s best interest to work out a deal outside of court.   If you own a piece of property with a hostile or absent co-owner the San Francisco attorneys of Jones & Devoy have experience in navigating division of such property in and out of court and can help guide your case to practical solution.

 

Sanctions in California Family Law Cases

Civil Litigation, Family, San Francisco, San Francisco Family Law, Uncategorized0 comments

Although Family law dissolution actions are technically civil actions, and thus, governed by the California civil code it does have it’s own unique code sections that slightly alter the rules of litigation.  For example, California Family Code 271 states that: “[T]he court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys.

This provision means that the court in dissolution actions has the special power to award sanctions against parties who act in a manner that increases litigation in a case.   Moreover, California courts have ruled that judges have broad authority to award sanctions under this section.  This gives family law courts additional tools to try and encourage litigants in a family law case to act within the bounds of acceptable behavior.  As a practical matter though many attorneys will attempt to use provisions like 271 as a weapon during a dissolution proceeding: frequently asking for exorbitant sanctions as either a scare tactic or to obfuscate the issues at hand.

The attorneys at Jones & Devoy are experienced in the area of family law and have both successfully been awarded sanctions under 271, and, have successfully defended frivolous 271 requests.  Our attorneys are based in San Francisco and can provide assistance throughout the greater bay area including: Oakland, San Mateo and San Jose area.

TIC Agreements in San Francisco

Uncategorized0 comments

A House DividedTIC Agreements also know as “Tenancy in Common” Agreements are contracts between individuals to jointly own a piece of real property that was not necessarily built for multiple discrete owners.  For example, if two couples buy a two story house and one couple lives on the top story and the other lives on the bottom, even though they are no actually separate condos, those couples are probably in TIC.

The use of TICs, to be co-owners of property, has flourished since the rise of the costs in the housing market.  On the practical side such Tenancy in Common co-ownership allows for the purchase of a piece of property that would otherwise be unattainable.  Legally however, being co-owners of piece of real property can create many complications.  For example many time the multiple owners of single piece of property will share a mortgage, thus, if one of the owners stops paying the mortgage then all the co-owners of the real property are in jeopardy. Moreover, if a house in not properly subdivided then by default each tenant has a right to use the whole property even a part even if there was an understanding that each would have their own side of the house.

Whether you a contemplating a TIC agreement, or, find yourself dealing with rouge TIC members, it is almost always worthwhile to consult with an attorney.  The attorney of Jones & Devoy have experience litigating TIC Agreements in San Francisco and can make sure that your interests are protected.

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    Alexander T. Jones

    Mr. Jones has an extensive background in both general litigation and family law as well as experience in various business and transactional matters…

    Daniel R. Devoy

    Practicing civil litigation with an emphasis on client advocacy, Mr. Devoy is experienced in litigating a wide range of legal matters …

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