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FAMILY LAW, DIVORCE AND THE COURTS
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EVIDENCE, FAMILY LAW:
Marriage of Ackerman, No. G034259 (Cal. 4th App. Dist. December 27, 2006)
Valuation of husband's medical practice and award of child and spousal support are affirmed over wife's claims that: 1) substantial evidence did not support the value of tangible assets and goodwill ascribed to the practice; 2) the court failed to make a finding as to wife's community interest in rents from the surgical center that was part of the practice; 3) support orders left wife and the children at a standard of living significantly below that enjoyed by husband; 4) income from earnings and property should not have been imputed to wife and the wrong methodology was used; 5) a step-down in support was improperly based on wife's future earning capacity; 6) all of husband’s income should have been considered in setting support; and 7) the court otherwise erred in computing support.
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Of Interest:
CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, EVIDENCE
Fair v. Bakhtiari, No. S129220 (Cal. December 14, 2006)
In the context of Evid. Code section 1123(b), which states that a signed settlement agreement reached through mediation is exempt from the general rule against admissibility of documents prepared for mediation if it "provides that it is enforceable or binding or words to that effect," in order to satisfy the "words to that effect" provision, a writing must directly express the parties' agreement to be bound by the document they sign.
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http://caselaw.lp.findlaw.com/data2/californiastatecases/s129220.pdf |
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