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Los Angeles Area Law Blog

International child abduction: How the Hague Convention applies

Not all love unions end in "happily ever after." When children are involved, parents may struggle to come to agreement on which parent their children should live with and how they should organize their parenting time. When the parents are from two different countries, though, the issues become even more complicated when the foreign parent wants to take the child back to his or her home country.

In most cases, courts will side with keeping the child in the country where he or she has established consistent residency. However, it's not unheard of for a foreign parent to disagree with such a ruling and to unlawfully take the child away. This is usually considered kidnapping under U.S. and international regulations, and the law-abiding parent can take legal action to get his or her child returned.

Things to know about a parenting agreement

Have you and your spouse come to the conclusion that divorce is necessary? If you plan on moving forward with the process, you need to understand how it will impact your life.

For example, if you have at least one child together, you need to make decisions that will ensure his or her well being in the future. The last thing you want to do is let your divorce have a negative impact on your child's life.

Basketball coach receives $4 million termination settlement

Employers, even universities, can be held liable in a wrongful termination case by creating a pretext for firing an employee. Earlier this month, former San Diego State University women's basketball coach Beth Burns settled civil litigation for $4 million.

SDSU fired her in April of 2013 even though she had four years and $880,000 on her contract. The University claimed that it owed her nothing. The case began at what should have been a high-point in her career. Burns had experienced historic success as a coach at the time she was summoned for what she thought would be an annual review. The athletic director and human resource personnel confronted her with three options: resign, retirement or job termination.

What is legal separation?

Some married couples in California may want to be apart from each other, but do not want or cannot undergo a divorce. The state's family law allows spouses and domestic partners to separate without filing for divorce or dissolving the domestic partnership.

Legal separation does not terminate a marriage or domestic partnership. However, a person may not remarry or enter another domestic partnership if there is a legal separation. A separation case may be changed to a divorce if certain requirements are met.

California laws protected against foreclosure

California homeowners have oftentimes faced the frightening risk of civil litigation that could take their homes, especially during the mortgage crisis 10 years ago. However, California law provided essential protections against mortgage foreclosure that were unavailable elsewhere.

The first law, Senate Bill 1137, was passed in July of 2008 and remained in effect through 2012. Lenders had to make greater efforts to alert distressed homeowners of pending foreclosure. Good-faith and personal notification had to be made through a phone call or email. Earlier, lenders only sent a letter notifying borrowers of their intent to foreclose.

"Bro culture" cited in Google termination lawsuit

At times, civil litigation may reflect ongoing social issues, such as the sexual harassment exposed by the "Me Too" movement. For example, a wrongful termination lawsuit was recently filed in California against Google, charging that the company permitted a workplace culture that diminished women.

In her labor employment lawsuit, the employee alleged that she was the first female software engineer to obtain a position with the company, performed excellent work, earned positive performance evaluations and won workplace coding competitions. Nonetheless, the plaintiff claimed that a "bro culture" led to sexual harassment involving several lewd comments, inappropriate text messages and pranks over seven years.

These coparenting tips will change everything for you

If you are considering divorce or leaving a long-time partner, you'll naturally begin to turn your attention to the future. How will you get by on your own? What's the best way to raise your children? Most importantly, will you be able to coparent successfully?

No one should ever tell you that coparenting is easy. Challenges will arise every now and again. Even though you can expect some bumps along the way, there are many things you can do that will put you in a better position for success.

Data breach lawsuit may continue

Data breaches have become frightening. These incidents have imposed costs, loss of confidentiality and serious inconvenience to email users. In one case, a California federal court judge ruled that victims of data breaches may continue their civil litigation.

Yahoo was accused of failing to timely address three data breaches in 2013 and 2016. The breaches were blamed for increasing email users' exposure to identity theft and spending money on protection services, such as credit freezes and monitoring. These breaches were revealed after Verizon agreed to buy Yahoo's Internet business last June. This led to a lower purchase price of $4.5 billion.

CarMax lawsuit given green light

A manufacturer who does not meet their contract responsibilities can harm consumers and face civil litigation. In a case that may have an impact across the nation, a California appellate court ruled earlier this year that a woman can sue CarMax for the sale of a car with an unfixed safety recall.

The plaintiff charged that CarMax sold her a 2008 Hyundai Elantra in 2013, but did not tell her that there was a manufacturer's recall for the stop lamp switch. This device turns on a light when the break is pressed. In 2013, thousands of Elantras were recalled for this defect.

Conversion therapy may be labeled fraudulent

False and deceptive practices associated with mental health or medical care may have long-term and harmful consequences. The California legislature is considering a bill that provides another civil litigation tool for victims of this fraud. The bill treats practicing or advertising conversion therapy as consumer fraud under California's consumer protection laws and allow individuals to file a private lawsuit against practitioners.

Conversion therapy is falsely promoted as a cure for LGBT people. Unacceptable, professionally questionable and even cruel treatments include hypnosis, injections and electric shocks. Major medical and mental health organizations across the world uniformly discredit this therapy.

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Mohajer Law Firm, APC

Mohajer Law Firm, APC
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