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How Deportation Affects Children of Immigrant Parents

By gq | Jan 15, 2017 | 0 Comments

Presidential candidate Donald Trump recently announced his immigration plan calling for the mass deportation of approximately 11 million undocumented immigrants.[1] However, Mr. Trump’s plan does not address what will happen to U.S.-born children of undocumented immigrants. According to the National Counsel of La Raza, in 2008, there were approximately four million such children in the…

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UBER – If You Provide an Indispensable Service to a Business, You’re Probably an Employee

By gq | Jan 15, 2017 | 0 Comments

The California Uber class action (O’Connor v. Uber Technologies, Inc., No. C-13-3826, N.D. Cal.) was in the news again this week when Judge Edward M. Chen allowed California Uber drivers suing Uber for their tips and expenses to do so as a class. This will likely turn out to be a major loss for Uber,…

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What the Ashley Madison Website Hack Means for California Divorce

By gq | Jan 15, 2017 | 0 Comments

For Ashley Madison users, the idea of a sizzling hot, sticky summer probably sounds like a good thing. However, throw a website hack scandal into the mix, and you’ve got yourself a big sticky mess. In July, it was reported that Ashley Madison, a casual sex and cheating network, had been hacked by a group…

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Parachute Kids and Divorce in a Foreign Land

By gq | Jan 15, 2017 | 0 Comments

Parachute kids, the phenomenon of foreign youngsters living apart from their parents for the benefit of an American education, received heightened attention recently due to a violent bullying incident in the Los Angeles suburb of Rowland Heights.[1] While only now receiving popular attention, successful business people and families from all over East, Southeast, and South…

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Same-Sex Marriage Decision and its Implications on Family Law

By gq | Jan 15, 2017 | 0 Comments

In the wake of the U.S. Supreme Court’s recent momentous decision in Obergefell v. Hodges (2015), same-sex marriage is now protected federally in all 50 states. In effect, the ruling held that the 14th Amendment requires states to issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other states.  The Courts’ ruling…

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India’s Recent Efforts at Doing Away with Gender Bias in Child Custody Laws that Favor Fathers

By gq | Jan 15, 2017 | 0 Comments

The Law Commission of India, which advises the Indian government on legal issues, recently made recommendations that divorced parents be given joint custody of minor children. This recommendation was made in an effort to quell India’s prevalent gender bias in child custody laws that favor fathers over mothers. Directly impacted by this recommendation would be…

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Transmutation

By gq | Jan 15, 2017 | 0 Comments

Under California law, property acquired during marriage is considered community property with some exceptions such a gifts and inheritance. However, transmutation plays an important role in the division of property at divorce. Transmutation is the transfer of property rights between the spouses which results in a change of legal or beneficial ownership of the property…

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Enforcing a Foreign Judgment in France

By gq | Jan 15, 2017 | 0 Comments

In France, when a judge has to deal with a foreign judgment, they first must distinguish the area of law. This means they must decide whether the subject in question is a good or a person.  Indeed, in some cases, to enforce a foreign judgment you will need to utilize a procedure called  “exequatur.” This…

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Can I see my private doctor for my workers’ compensation injury?

By gq | Jan 15, 2017 | 0 Comments

The short answer is maybe.  However, it is only when an employee has pre-designated his or her private doctor, and the pre-designation occurred prior to the workers’ compensation injury.  There are additional requirements that must be met before an injured worker can see his/her private doctor and remain under the care of one’s private doctor…

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Comparison Between US Law and French Law

By gq | Jan 15, 2017 | 0 Comments

Based on my exposure to California’s and France’s family law court system, I have realized there are some differences between domestic and international legal systems. In France, divorce can be pronounced for 4 main reasons. Similar to California, parties can agree on the divorce and all consequences. This is known in France as “divorce with…

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