California Rule of Court 8.416 governs expedited appeals from juvenile dependency cases, specifically those involving the termination of parental rights (TPR) or freeing a child from parental custody, applying to Orange, Imperial, and San Diego counties and others by local rule, setting strict timelines for record preparation, brief filing (often 30 days for opening brief), and granting extensions only for exceptional cause, prioritizing speedy resolution.
Rule 8.46 covers sealing and unsealing records in the Court of Appeal, and the procedures for filing documents that disclose information from sealed records.
Time to appeal. (1) Except as provided in (A), (B), and (2), a notice of appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.
Oral argument and submission of the cause. (1) Each Court of Appeal and division must hold a session at least once each quarter. (2) A Court of Appeal may hold sessions at places in its district other than the court's permanent location.
In California, terminating parental rights requires filing a petition in family court citing valid grounds such as abandonment or unfitness. Mental illness alone may not suffice unless it severely impairs parenting ability. The court evaluates evidence including mental health records and the child's best interests.
What is the Biggest Mistake in a Custody Battle? In a custody dispute, seeking to alienate the children from the other parent is the worst mistake a parent can make. The court's primary concern when deciding custody is determining what is in the children's best interests. Never will that include parental alienation.
There is no court form available to terminate parental rights. You will need to draft the required pleading either on your own or with the assistance of a private attorney.
California's new probate law, effective April 1, 2025, makes it easier for heirs to inherit a primary residence worth up to $750,000 without opening a formal probate. The change could save families significant time, cost and stress when transferring property after a loved one's death.
Opposition and amicus curiae briefs. (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition.
Code of Civil Procedure Section 583.310 mandates automatic dismissal of any case that has not been “brought to trial” within 5 years of filing. This section does not require that a case reach “judgment” within five years, but only that trial commence within the statutory period.
Appeals in which a party is both appellant and respondent. In an appeal in which any party is both an appellant and a respondent: (1) The parties must jointly-or separately if unable to agree-submit a proposed briefing sequence to the reviewing court within 20 days after the second notice of appeal is filed.
Key criteria governing the appellate courts' interventions include the presence of a "palpable and overriding error," a misapplication of legal principles to factual issues, or findings that are wholly unsupported by the evidence presented.
Even when filing a paper document is permissible, a court may provide by local rule for the submission of an electronic copy of the paper document either in addition to the copies of the document required to be filed under (a) or (b) or as a substitute for one or more of these copies.
States the decisions of an appeals court when the appeals court wants to review the juvenile court's decision to stop efforts to return the child to a parent's home, and to set a hearing to select a permanent plan for the child.
(1) Nothing filed publicly in the reviewing court-including any application, brief, petition, or memorandum-may disclose material contained in a confidential record, including a record that, by law, a party may choose be kept confidential in reviewing court proceedings and that the party has chosen to keep confidential ...
After employers in California make a conditional employment offer, they may order a criminal background check that goes back only seven years (with some exceptions). Therefore, employers cannot see convictions older than seven years and cannot pass you over based on seven-plus old convictions.
(1) Any party or Indian tribe that has intervened in the proceedings may apply to the superior court for inclusion of any oral proceedings in the reporter's transcript. (2) An application for additional record must describe the material to be included and explain how it may be useful in the appeal.
The “5-year rule” in California refers to summary dissolution, which is a simplified process for ending a marriage or domestic partnership without a formal court hearing. Its hope is to be a fast and less expensive option for couples who meet the specific criteria.
Victims of illegally recorded conversations are entitled to civil damages of $5,000 for each call that was recorded in violation of the law. This means that if you can establish that your privacy rights were violated, you may be eligible to claim $5,000 in damages for each recorded call.
A: Assets that are exempt from probate in California include those in joint tenacity, revocable living trusts, and POD accounts, such as retirement accounts, bank accounts, and insurance policies.
A new California law tries to make it easier for families to inherit lower-value homes without probate. If a primary residence is valued at $750,000 or less, it can be transferred using a simplified court process. But here's the catch: The fair market value (not the equity) is what matters.
Six month limit to bring a claim – in other cases, it can be sensible for the executors not to pay any beneficiaries until at least 6 months after receiving the grant of probate. This is because there's a 6 month time limit for family members or dependents to make a claim against the estate.
In California, a parent cannot voluntarily terminate parental rights unless there is a pending adoption or dependency court case. Courts require clear legal grounds before allowing termination, focusing on the child's best interests. Filing a request alone is not enough.
Proving Parental Alienation
Evidence may include: Documented communication (texts, emails, or voicemails) showing interference. Testimony from therapists, teachers, or other adults in the child's life.
Removing a guardian and terminating guardianship both require the court's involvement. Ultimately, the court decides whether to replace the guardian or disband the guardianship completely, restoring the rights of the person subject to the arrangement.