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JURISDICTION

By Schonauer Law on Jan 11, 2016 at 06:07 AM in What Does it Mean

Jurisdiction is the right, power, or authority to determining controversies and issue orders that parties to the controversy must comply. In California, the superior courts are the lowest level of state courts in holding general jurisdiction on civil and criminal matters. Jurisdiction is divided into to categories, personal jurisdiction and subject matter jurisdiction.

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Is My Marriage Long-Term or Short-Term?

By Schonauer Law on Jan 04, 2016 at 09:25 AM

Under California law, if a marriage is "of long duration," the court "retains jurisdiction" over an award of spousal support after the dissolution (divorce) is completed, unless the spouses agree otherwise. When a court retains jurisdiction over spousal support, the court has the authority to decide issues relating to support of either party and can modify an order if changing facts and circumstances justify a change.

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Character of the Family Home

By Schonauer Law on Dec 28, 2015 at 03:50 PM in Legal Questions

A family’s largest investment is often the home they live in. A family home is can be purchased and financed in a variety of ways. When a family dissolves, one household becomes two, and community property must be divided, it's difficult to determine each spouse’s respective ownership interest in the family residence, even experienced attorney’s get it wrong.

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Stock Options

By Schonauer Law on Dec 21, 2015 at 09:09 AM in What Does it Mean

An Employer may offer stock options to an employee to attract a new employee, as compensation for future service, and/or as an incentive for an employee to stay with the company. A Stock option is an option to purchase a specific number of shares of employer’s stock at a particular price and time.

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Texas County Sues Volkswagen for $100M

By Schonauer Law on Sep 30, 2015 at 02:58 PM in Law News

A county has filed a complaint against Volkswagen seeking damages from alleged violations of local vehicle emissions laws.

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Date of Separation

By Schonauer Law on Sep 30, 2015 at 05:04 AM in What Does it Mean

The date of marriage identifies when a marital relationship begins. The date of separation identifies the end of community created by the marriage and the time when property acquisitions by a spouse are considered to be separate property

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Happy Birthday to You

By Schonauer Law on Sep 25, 2015 at 12:49 PM in Law News

A copyright filed by the Summy Co. in 1935 granted the rights to specific piano arrangements of the music only, not the actual song.

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Civil Conspiracy

By Schonauer Law on Sep 23, 2015 at 06:31 AM in What Does it Mean

Agreement to commit a wrong (tort) against the plaintiff.

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28-years for Former Head of Peanut Corporation of America

By Schonauer Law on Sep 22, 2015 at 07:44 AM in Law News

federal jury convicted Parnell on 71 criminal counts that included conspiracy, obstruction of justice and introduction of adulterated food.

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California Code of Civil Procedure 664.6

By Schonauer Law on Sep 16, 2015 at 06:09 AM in Legal Questions

A 664.6 motion enters judgment upon and oral or written agreement when no judgment has yet been entered. In other words, someone gets cold feet.

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