What Does it Mean

Child Support

By Schonauer Law on Apr 07, 2021 at 07:20 PM in What Does it Mean

The California family code codifies each parents obligation to support her or his minor child(ren) in a manner suitable to the child’s circumstances and the parents station in life.  

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Forums for Speech

By Paul Schonauer on Mar 16, 2021 at 02:43 PM in What Does it Mean

Forums for Speech

Three types of forums are recognized in law.  The first is the traditional public forum, such as a street, sidewalks, or public park, held in trust for public use and traditional places for public discourse and discussion.

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PACE / HERO loans - Think First

By Schonauer Law on May 04, 2020 at 06:25 PM in What Does it Mean

Property Assessed Clean Energy (PACE) is government backed financing for energy efficiency and renewable energy improvements on real property. 

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Shipowner’s Limitation of Liability Act

By Schonauer Law on Sep 08, 2019 at 08:36 PM in What Does it Mean

The Shipowner’s Limitation of Liability Act (46 U.S.C. § 183 et. seq.)  (“Act”) was enacted in 1851 to support the development of America’s nascent merchant marines by “encourage[ing] shipbuilding and to induce capitalists to invest money ….” (Norwich Company v. Wright (1871)80 U.S. 104.) 

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What is Common Law?

By Schonauer Law on Mar 22, 2018 at 01:26 AM in What Does it Mean

Common law is best described as oral tribal justice established in England thousands of years ago that continues to this day. Prior to the common law was the Anglo-Saxon law consisting of the written laws promulgated by the King, written statements relating to custom contained in such books as the Domesday Book or Book of Winchester, and other written legal rules and enactments. The common law of England was largely created in the period after the Norman Conquest of 1066.

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What is a Revocable Trust?

By Schonauer Law on Sep 14, 2016 at 09:20 PM in What Does it Mean

A Revocable Trust, or "living trust" is a trust created during a person’s lifetime, hence the terms revocable and living.

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DOE?

By Schonauer Law on Sep 08, 2016 at 07:03 PM in What Does it Mean

Under California Code of Civil Procedure section 474, if a Plaintiff is ignorant of the name of a potential defendant, a defendant in the complaint may be named as a “Doe” defendant. Often the caption of a complaint filed in the court will include DOES 1 – 10 as defendants

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Automatic Restraining Orders (ATROs) - Exceptions

By Schonauer Law on Aug 24, 2016 at 09:51 AM in What Does it Mean

A party may eliminate the right of survivorship to property, as long as the party provides notice of the change is filed with the court and served on the other party before the change takes effect. There is a right of survivorship

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Automatic Restraining Orders (ATROs) - Exceptions

By Schonauer Law on Aug 17, 2016 at 08:10 AM in What Does it Mean

The ATROs prevent no person from revoke an instrument that makes a transfer of property on death, including a revocable trust if the party provides notice of the change is filed with the court and served on the other party before the change takes effect.

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Automatic Restraining Orders (ATROs) - Exceptions

By Schonauer Law on Aug 10, 2016 at 05:30 PM in What Does it Mean

The ATROs prevent no person from creating, modifying, or revocation a will because a will is nothing more than testamentary intention of the party and not an actual transfer of property.

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