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July 2012 Archives

California's Safe At Home Program For Victims Of Domestic Violence

dv-thumb-275x332-45858.jpgThe California Secretary of State Safe at Home program is a special program for victims of domestic violence, stalking and sexual assault. The Safe at Home program is California's confidential address program. It is a state program under the direction of the California Secretary of State's Office. The primary purpose of the program is to provide a free P O Box tovictims of domestic violence, stalking and sexual assault which participants can use in lieu of their residence address with state and local government agencies.

Are Equalization Payments A Debtor Receives In Exchange For A Transfer Of Interest In A Marital Piece of Real Property Protected By A Homestead Exemption?

divorce property division settlement-thumb-275x190-44617.jpgA equalization payment is a common why a litigant in adivorce gets bought out of his interest in a piece of marital real property. Let's say for example, the family residence subject to a divorce has $50,000 of equity, yes it still happens. During that divorce proceeding it is decided by the parties that the wife will receive the home as her sole a separate property. In exchange for this award, wife will pay to husband $25,000, which represents his interest in this community asset. The husband, after the divorce, is forced to file for bankruptcy. In his bankruptcy petition, the husband, now debtor, moves to exempt his $25,000 by utilizing the state's homestead exemption. Can he?

Recorded Witness Statements Are Entitled To Qualified Work Product Protection

images.jpgThe idea that an attorney‟s work product should receive protection from discovery was first recognized by the United States Supreme Court in 1947. Today, California law provides absolute protection to writings that reflect "an attorney‟s impressions, conclusions, opinions, or legal research or theories. All other work product receives qualified protection; such material "is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party‟s claim or defense or will result in an injustice."

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