“Dealing” with the Marital House of Cards

Submitted by Daniel Gold on May 26, 2010

The major focus of my practice for the past sixteen years has been family law. Under that broad definition, I have tackled the standard “divorce” cases, paternity cases, guardianships, domestic partnership dissolutions, “Marvin” cases, and prenuptial agreements.

I have had the unique opportunity to work in a full-service firm surrounded by outstanding lawyers. With their able assistance, I am able to provide clients with expertise they will not receive at a boutique or solo firm. For example, in cases where more specialized issues may arise—i.e., tax, real estate, or “probate” issues (when spouses die in the middle of a divorce)—we are able to step in with our resources and help those individuals in a knowledgeable and efficient manner.

This chapter is my own view of how our economic recession has affected the practice. Although the law moves forward, it cannot resist slamming headlong into the “brick wall” known as real life. Lost jobs, failed businesses, bad investments, and declining real estate values add considerable stress to relationships. Many couples choose to wait until they perceive they can afford to split up. For those who cannot wait, counsel must find creative ways to meet the demands created by financial turmoil. Toward the end of the chapter, I will try to project where things may be headed in various areas of family law.

You can download the full PDF of this chapter here: “Dealing” with the Marital House of Cards

Recent Changes in Civil at the Los Angeles Superior Court

Submitted by Min Thai on April 25, 2010

Volume 2 No. 3 March 2010
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This newsletter was prepared by the Supervising Judge, Civil of the Los Angeles Superior Court with input from other judicial officers and members of the bar. Reports may be accessed from the Web site of the Los Angeles County Bar Association,www.lacba.org. If you have any questions regarding these reports or if you would like to request information on an issue of general concern, you may contact Mark Biskeborn, editor of LACBA.org, at webmaster@lacba.org

Over the last several months a number of changes have taken place in the Central District of the Los Angeles Superior Court due to reassignments, retirements, and budgetary constraints.

Asset Protection: Inside v. Outside Creditors

Submitted by Brooke Pollard on March 23, 2010

Clients often come to my office requesting a limited liability company (an “LLC”) for “asset protection” purposes. They normally want to transfer an income-producing property out of their own name and into the name of an LLC, believing this will give them increased “asset protection,” but are not sure exactly what this entails. There are two different types of creditors from which clients need protection, and we call them “inside creditors” and “outside creditors.”

California Gross Receipts Tax: What it is and ways to avoid it

Submitted by Brooke Pollard on March 12, 2010

Many businesses are beginning to understand the flexibility and usefulness of a limited liability company as a way to conduct business within California. However, with tax season approaching, many successful business owners are stunned to discover the Gross Receipts tax levied upon California limited liability companies and foreign LLC’s which register to do business in California.

The gross receipts tax is a state tax imposed upon LLC’s conducting business in California. The minimum gross receipts tax for an LLC is $800. However, the gross receipts tax works on a graduated scale based upon the gross receipts of the company. Once a company has gross receipts in excess of $250,000, the tax increases from $800 up to $11,970, depending on the level of gross receipts.