What is Marital Property and How Is It Divided During Divorce?

Even under the best of circumstances, divorce is stressful and complicated. One major issue in many divorces is dividing marital property between the parties. Trying to navigate marital property division…

Does filing an appeal stay the trial court proceeding

Civil Appeals Civil Litigation

Does Filing an Appeal Stay the Trial Court Proceeding?

When a trial court issues a ruling in your case that is not in your favor, you have a few different options. One of those options may be to file…

What kinds of cases does the California Supreme Court review

Civil Appeals

What Kinds of Cases Does the California Supreme Court Review?

After you present your case at trial and receive a ruling from the judge, you may be disappointed to learn that the judge did not decide in your favor. If…

What are the limits of the appellate court's jurisdiction

Civil Appeals

What Are the Limits of the Appellate Court’s Jurisdiction?

When you disagree with the outcome of your trial court case, you may consider seeking relief from a higher court through the appellate process. An experienced appellate attorney from Evans Kingsbury,…

What happens when a Notice of Appeal is filed

Civil Appeals

What Happens When a Notice of Appeal is Filed?

You might consider filing a Notice of Appeal if you are unhappy with the outcome of your court case. An experienced civil appeals lawyer from Evans Kingsbury LLP can evaluate…

How to Prepare to Meet with Your Divorce Attorney

Family Law

How to Prepare to Meet with Your Divorce Attorney

Retaining a divorce attorney is a critical component of a successful divorce case. However, while the role of your experienced California divorce attorney is to represent your interests throughout your…

Civil Appeals Civil Litigation Family Law

What is a “Precedent”?

When parties present a legal dispute to a judge, the judge considers the evidence each party presents in support of their respective positions. However, the judge also must consider the…

What Can I Do if I Lose My Family Law Case

Civil Appeals Family Law

What Can I Do if I Lose My Family Law Case?

When you and your California family law attorney go to court for your family law case, you have hopes for the best possible outcome. However, in some cases, you do…

Civil Appeals

4 Questions to Ask a Potential Civil Appeals Lawyer

When parties to a dispute go to court to resolve their legal issue, one side or another will likely end up unhappy with the judge’s decision. If you believe that…

What is the Difference Between the Superior Court and the Appellate Court

Civil Appeals

What is the Difference Between the Superior Court and the Appellate Court?

Aside from the California State Supreme Court, California has two levels of state court: trial (or superior) courts and appellate courts. As your case winds through the state court system,…

Rosie's Corner

Chocolate by any other name will still taste as sweet

Now as an old mama dog, I stay away from chocolate because chocolate is poisonous to my kind. But white chocolate, there’s a treat! White chocolate contains no cocoa powder.…

Child Custody What Happens When One Parent Wants to Move Out of State

Family Law

Child Custody: What Happens When One Parent Wants to Move Out of State

Child custody situations where a child’s parents live separately can be tough to navigate. Parents often spend a great deal of time and effort reaching child custody and visitation arrangements…

Civil Appeals

Five Things to Consider Before Filing an Appeal

An experienced civil appeals lawyer from Evans Kingsbury LLP can explain and guide you through the process of an appeal. With legal counsel at your side to answer your questions…

Which Orders Are Appealable in Family Court

Civil Appeals Family Law

Which Orders Are Appealable in Family Court?

You’ve worked hard with your California family law attorney to build a strong case in family court for several months. However, the court has still ruled against you. What can…

Family Law

5 Things You Need to Know as You Prepare for Mediation in Your Family Law Case

Mediation is a form of alternative dispute resolution that parties often use to resolve their lawsuits. Although courts differ as to how they use mediation in family law cases, it…

The Importance of an Accurate Schedule of Assets and Debts in Your Dissolution

Family Law

Your Dissolution and the Importance of an Accurate Schedule of Assets and Debts

In almost every California dissolution case, both parties must make certain financial disclosures on standardized court forms. One of these forms is the Schedule of Assets and Debts, on which…

Civil Litigation Family Law

What Are Interrogatories?

Parties in civil lawsuits exchange information through a formal legal process known as “discovery.” The lawyers for each party use different discovery techniques, including interrogatories, to access the evidence that…

Five ThingFive Things to Know About Depositions

Civil Litigation Family Law

Five Things to Know About Depositions

Depositions play an important role in litigation. Parties to civil cases routinely engage in the discovery process before settling a case or going to trial. Discovery involves the exchange of…

Understanding the Importance of Your Income and Expense Declaration in Your Dissolution

Family Law

Understanding the Importance of Your Income and Expense Declaration in Your Dissolution

Calculating child support and spousal or domestic partner support orders are critical in many dissolution proceedings. Getting an accurate picture of each party’s finances also can affect other areas of…

Civil Litigation Family Law

Understanding Requests for Admissions

Requests for admissions are part of discovery, which is the formal legal term for the process by which parties to a civil lawsuit exchange information before a case goes to…

Rosie's Corner

California Declares a Bee is Really a Fish

As far as the State of California is concerned, a bee is really a fish. Several public interest groups sued the Fish & Game Commission to declare four species of…

What Are Writs, and How Do They Work in a Child Custody

Civil Litigation Family Law

What Are Writs, and How Do They Work in a Child Custody Case?

Whether you are facing a divorce, separation, or other family law case, you must determine child custody and the rights and responsibilities of each parent relative to their children. While…

Understanding the Discovery Phase in Civil Litigation

Civil Appeals

Understanding the Discovery Phase in Civil Litigation

Once a lawsuit is filed in court, the parties begin “discovery,” which is the process of exchanging and disclosing relevant information about the case. Written questions (called interrogatories) may be…

Civil Appeals

How to Prepare for a Divorce in California

Divorce, no matter how amicable, is not easy. It is highly emotional and involves a lot of change. Thus, it is essential to have a plan before filing your case.…

Civil Appeals

The Civil Appeals Process (& How it is Different From the Trial Process)

The civil appeals process can be complicated. This blog is a follow-up to our previous blog titled “Civil Appeal versus Civil Writ: What is the Difference?” Most people are familiar…

Rosie's Corner

Dog and Cat Bill of Rights

My human is quite fond of something she calls Bill of Rights. This old mama dog doesn’t know who Bill is, but if he makes my human happy, then he’s…

Rosie's Corner

Power to the pets!

In my humble canine opinion, any human who intentionally harms an animal doesn’t deserve to walk on two legs. Sadly, though, these things happen. What remedies do our human companions…

Civil Appeals

Civil Appeal versus Civil Writ: What is the Difference?

Do you know the difference between a civil appeal and a civil writ? Don’t worry! Most people do not know the answer. However, you likely are more familiar with appeals,…

Trusts & Estates Litigation

What Makes a Good Trusts and Estate Litigation Attorney?

You need to navigate trust and estate disputes carefully. These cases can be very emotional and cause tension between family members. You need an experienced trust and estate litigation attorney…

Family Law

Why Do I Need a Family Law Attorney?

If you’re going through a divorce or a child custody battle, or you’re trying to determine spousal or child support, you might be tempted to work out an arrangement on…

Civil Appeals

What Are My Chances of Success on Appeal?

When you go to court and lose your case, your options of getting the decision reversed might seem bleak, but you could have a legal option – an appeal. Before…

Civil Appeals Family Law

What Makes a Good Family Law Attorney?

Whether you are going through a divorce, filing for adoption, or fighting for child custody, you need an experienced family law attorney to represent you. When your family’s future is…

Civil Litigation

Why Do I Need a Litigation Attorney?

While filing a lawsuit against a liable party can be in your best interest – both personally and financially – it can also be stressful. You can reduce this stress…

Family Law

Did Your Ex Stop Paying Child Support? Learn Your Legal Options

When you share a child with someone and the relationship ends, you need to know that your child’s needs will be covered through child support. While initially, things might be…

Civil Appeals

Does Filing an Appeal Stay the Trial Court Judgment?

An appeal may be necessary if you went to court to pursue a lawsuit only to have the judge rule against you. If the verdict doesn’t go in your favor,…

Civil Litigation

How to Prepare for Civil Litigation: The Dos and Don’ts

Going through the civil litigation process can be intimidating. There are deadlines to follow, documents to file, evidence to gather – even before you step into the courtroom. Fortunately, having…

Civil Appeals

Unmarried Couple? How To Make Sure You Get the Same Protections As a Married Couple

While many couples live together before they get married – or choose not to get married at all – their arrangement doesn’t provide the same legal protections for an unmarried…

Civil Appeals

Who Can Appeal a Court Decision, and Why?

You worked hard with your attorney to put together what you thought was a winning case, only to have the court’s decision go against you. What can you do? Do…

Civil Appeals

What Happens to Property You Owned Before Marriage in a Divorce

When you got married, you probably didn’t think about what would happen if the relationship didn’t work out. None of us does. We are optimistic when exchanging vows and are…

Statute of Limitations on Childhood Sexual Abuse

Civil Appeals

What Is the Statute of Limitations on Childhood Sexual Abuse?

Being sexually abused as a child can be a traumatic event that takes time – maybe even years or decades – to process and come to terms with what happened.…

Family Law

California Child Custody Terms

If you are facing a divorce, separation, or other family law situation involving your child, it’s important to understand the legal terms used by family courts in California. In general,…

Civil Appeals

Tips for Writing an Effective Appellate Brief

An appellate brief is a unique and complicated court document. A well-written and successful brief can take months to prepare. A brief serves many purposes, including providing a comprehensive summary…

Civil Appeals

Recovering Appellate Costs at the End of an Appeal

Generally, the party that prevails on appeal is entitled to recover the costs of appeal. (Calif. Rules of Court (CRC), Rule 8.278.) However, appellate courts have the discretion to deviate…

Family Law

Attorney’s Fees and Sanctions in California Family Courts

The California family court system has established a clear goal for all parties involved in family law cases. Parties must have equal access to lawyers who will protect their rights…

Real Estate Property & Environmental Issues

Mortgage Dual-Tracking is Illegal in California

The term, “dual-tracking” refers to the situation where a mortgage servicer brings a foreclosure action on a home mortgage while a borrower’s application for modification of the mortgage is pending.…

Civil Appeals

4 Options If You Lose Your California Appeal

Your California lawsuit went to trial and maybe you were not pleased with the result, or maybe your opponent wanted to challenge the outcome. Either way, the case was raised…

Civil Litigation

Important California Civil Lawsuit Deadlines to Remember

If you are thinking about filing a civil lawsuit in the California court system, or if you have been served with a civil complaint naming you as a defendant, you…

Family Law

Should You Become a Guardian for a California Minor?

Sometimes the parents of a minor child simply cannot provide the care and supervision that child deserves. California guardianship laws establish a legal process where someone other than a parent…

Civil Appeals Civil Litigation

6 Post-Trial Options To Consider Before Filing A Civil Appeal

Your civil trial is over or summary judgment was entered and you are not pleased with the outcome. You may think an appeal is your only alternative. Before you start…

Civil Litigation

Essential Building Blocks Of The Civil Discovery Process

When parties are involved in a legal dispute they may wind up in a civil lawsuit. Once a case has been filed in the California court system, both parties have…

Family Law

The Difference Between Same-Sex Marriage and Domestic Partnership in California

In 2013, California domestic laws changed dramatically. After several state and federal rulings and a voter initiative known as Proposition 8 that was later held unconstitutional, same-sex marriages were finally…

Family Law

10 Things To Know About Getting A California Divorce

A California divorce can be a complicated, emotional, and expensive process. Before you file for divorce, here are some important issues you should understand. 1. Filing for Divorce is a…

Rosie's Corner

Rosie the Rescue Dog Welcomes the First Rescue Dog Into the Biden White House

Hi, I’m Rosie the rescue dog. As a retired farm dog and mother of 4 who has found herself a new life of luxury after being rescued, I’d like to…

Family Law

9 Things To Know About California Child Support

When a child is born or resides in California, the law establishes certain rights and responsibilities to protect the child. Regardless of marital status, all children deserve support and protection…

Real Estate Property & Environmental Issues

Real Estate Easement Litigation Issues

Sometimes owners of adjoining properties get along just fine. Other times disputes arise that need to be sorted out in court or through legal negotiations. Easements are a common source…

Civil Litigation

How Successful Lawyers Prepare for Trial

Although very few lawsuits require a full trial, if your case goes to court, you need a civil litigation lawyer who knows how to prepare a winning case. While different…

Civil Litigation

Civil Forfeiture Part 3: How California Laws Differ From Federal Laws

This is the third essay in a series devoted to civil forfeiture issues in the US and California. You can read an introductory explanation of the law, theory, and legal…

Family Law

Co-parenting in the 21st Century – 4 Apps That Help Families Get Along

It is estimated that 40% to 50% of US married couples will divorce. Many of those couples have children together and need to continue co-parenting after they have separated. Luckily,…

Civil Litigation

When is Alternative Dispute Resolution Better Than a Trial?

Court battles are complicated, stressful, and may last years before reaching a final resolution. Plus, in a trial, you relinquish the power to a judge or jury to decide your…

Civil Litigation Civil Appeals

Civil Forfeiture Part 2: Applying the 5th, 8th, and 14th Amendments’ Constitutional Rights

We looked at the laws relating to civil forfeiture actions in last month’s blog post, Civil Forfeiture Part 1: The Law, Theory, and Legal Challenges When Seizing Assets Related to…

Family Law

How to Calculate Property and Debt Division and Retirement Allocations in a Divorce

Dividing property and debts in a California divorce situation can be complicated, stressful, and result in long-lasting implications for each party. Spouses or partners who try to reach a resolution…

Civil Litigation

Civil Forfeiture Part 1: The Law, Theory, and Legal Challenges When Seizing Assets Related to a Crime.

In Timbs v. Indiana, 139 S.Ct. 682 (2019), the United States Supreme Court struck down Indiana’s civil forfeiture laws. Civil forfeiture allows law enforcement officials to legally seize property, cash,…

Family Law

10 Reasons Why Having a Divorce Attorney is Better Than Representing Yourself

If you are considering a divorce or another family court matter, you may think you don’t need, or can’t afford a family law attorney. Before you attempt to represent yourself…

Civil Appeals

Issues of Law Versus Issues of Fact in Appellate cases

If you are considering a civil appeal, one of your first steps must be narrowing the issues you will ask the court to consider, and hopefully reverse, as part of…

Family Law

10 Things to Know About Prenuptial Agreements

One of the most common things married people argue about is money. Many people are familiar with prenuptial agreements in the context of the rich and famous. However, prenuptial agreements…

self care

Self-care for lawyers during Covid

With the daily stress around politics, pandemics, and fire season, self-care is an important part of maintaining a healthy and productive lifestyle. Lawyers are known workaholics and, like everyone else,…

Family Law

Do Grandparents Have Rights in California’s Family Courts?

As family law attorneys we help clients with a variety of family legal issues, not just divorce. For example, sometimes grandparents would like to spend time with their grandchildren, but…

Family Law

6 Hacks for Navigating Life in Two Households

Transitioning into a new environment with a divorced parent is one of the hardest things you can ask your child to do. These 6 hacks will help parents and children…

Civil Litigation

Understanding the California Court System Hierarchy

Most California residents are familiar with their local courthouse and may have appeared there for a traffic matter, divorce, or even jury duty. However, the local trial court is only…

Family Law

What Happens to Pets in a Divorce?

If you have ever owned a pet, you know that they are a valued member of the family and are more cherished than most possessions. This can be a complex…

Estate Planning

3 Simple Reasons Why You Should Finalize Your Estate Right Now

During these uncertain times, nothing can give you peace of mind quite like finalizing your estate and preparing the documents necessary to empower your loved ones to take care of…

Civil Appeals

Understanding Standards of Review in Civil Appeals

Most people have seen a civil trial, either in person or as depicted in a movie or TV program. Few people are familiar with what happens after a trial when…

Civil Appeals

What To Expect On Appeal

If you received an adverse result after taking your case to trial, you may be considering an appeal. One common mistake is believing the appellate court provides the opportunity to…

Civil Appeals

Is My Client’s Case Ripe For Appeal and Will I Stay Involved?

As both trial litigators and appellate attorneys, we understand how lawyers can create a bond with their clients throughout the litigation process. As trial counsel, you have established strong communication…

Civil Litigation

What to Expect During Civil Litigation Discovery in California

Unlike what you may see on television, legal disputes in Northern California are not filed and brought to trial within a few weeks. Before any civil lawsuit goes to trial,…

Family Law

10 Things Parents Wish Children Knew About Divorce

Divorce is never easy. Dealing with financial concerns, mental and emotional stress, and fear about the future, seems overwhelming at times. In a divorce with children, parents often don’t know…

About Us Civil Litigation Family Law

Our Approach to the Practice of Law

Together, the two law partners in Evans Kingsbury LLP, have nearly 130 years of combined life experience. Between us, we have raised 9 children to successful adulthood, including one with…

Civil Appeals

Trial Versus Settlement; Why Collaboration/Settlement May Yield a Better Result

Parties involved in a California legal dispute have several options to resolve their case. Before initiating any formal legal action, you might try to negotiate a settlement directly with the…

Civil Appeals

7 Recent Changes to California Wildfire Laws

Most of the country watched as large areas of California burned during multiple wildfires in the past few years. Last October Governor Gavin Newsom signed 22 bills to improve California’s…

Civil Appeals

5 Child Visitation Tips During the COVID-19 Pandemic

In March 2020, California Governor Newsom enacted a statewide shelter-in-place order which required 40 million residents to stay home. Each household was requested to follow rules within their home to reduce…

Rosie's Corner

Rosie Smells a Rat

A human boy bought a pet rat from a nationwide retailer. The pet rat was infected with bacteria which is common to rats, but deadly to humans, and the boy…

Family Law

8 Things Kids Want Parents to Know During Divorce

That it’s okay to tell them the truth. Try to understand your kid’s perspective and tell them the truth when you can. Give them facts, a timeline, and what they…

Civil Appeals

Climbing the Mount of Appealability: When is an Appeal not an Appeal?

Based on a true story… Once upon a time there was a magical place in a mythical county in rural Northern California. Let’s call this magical place, Camelot. Camelot was…

Civil Appeals

Anatomy of an Appeal – What to expect

Disclosure: this is a general outline of a typical proceeding on appeal. Proceedings may vary: parties may file various motion or applications or court of appeal may ask for briefing…

Civil Appeals

The Trial Court is (Almost) Always Right: Inferences, Presumptions and Burdens on Appeal

Read Noreen’s most recent publication

Civil Appeals

Ninth Circuit invalidates IRS Publication 1

Read the groundbreaking Ninth Circuit opinion invalidating IRS Publication 1

Civil Litigation

What Is Civil Writ Relief?

A petition for writ relief is an equitable proceeding compelling performance of or forbearance on an official act or duty. (Bruce v. Gregory (1967) 65 Cal.2d 666.) Few practitioners understand…

Civil Appeals

I Lost My Trial. Can I Appeal My Case?

As a party to a lawsuit, you have already experienced the first level of the California judicial system. If your case was not resolved to your satisfaction, it may be…

Family Law

How Do I File For Divorce In Sonoma County?

If you have reached the point where you believe your marriage should end, be assured, you are not alone. Recent statistics show that approximately 45% of first marriages end in…

Family Law

7 Important Documents to Bring to Your Initial Divorce Consultation

Divorce, also known as the dissolution of a marriage, involves the end of a relationship, but many more issues must be resolved at the same time. Your initial consultation with…

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