Justia Family Law Opinion Summaries

This appeal grew out of an adversary proceeding in debtor's Chapter 7 bankruptcy proceedings. The bankruptcy trustee filed a complaint against debtor and her husband, claiming that certain money and property belonged to debtor's bankruptcy estate. The trustee sought turnover to the bankruptcy estate of certain proceedings from the sale of the couple's homestead, a rental property held in the husband's name, and income earned from the rental property. The bankruptcy court rejected all of the trustee's claims and the Bankruptcy Appellate Panel affirmed. The court concluded that the proceeds of the homestead sale belonged to debtor's bankruptcy estate but that the rental property held in the husband's name and the income did not. Accordingly, the court reversed in part and affirmed in part.

This appeal arose when the People of California adopted Proposition 8, which amended the state constitution to eliminate the right of same-sex couples to marry. At issue was whether this amendment violated the Fourteenth Amendment to the United States Constitution. The court declined to address the more general questions presented to it concerning the rights of same-sex couples to marry. The court concluded that, through the proponents of ballot measures, the People of California must be allowed to defend in federal courts, including on appeal, the validity of their use of the initiative power. Accordingly, the proponents possessed Article III standing to prosecute this appeal from the district court's judgment invalidating Proposition 8. However, the court concluded that the People could not employ the initiative power to single out a disfavored group for unequal treatment and strip them, without a legitimate justification, of a right as important as the right to marry. By using their initiative power to target a minority group and withdraw a right that it possessed, without legitimate reasons for doing so, the People violated the Equal Protection Clause. Therefore, the court held that Proposition 8 was unconstitutional on this ground and affirmed the judgment of the district court. The court also affirmed the denial of the motion by the official sponsors of Proposition 8 to vacate the judgment entered by former Chief Judge Walker, on the basis of his purported interest in being allowed to marry his same-sex partner.

Appellant filed a declaratory judgment action seeking a declaration that AHCCCS had no right to recover from her father's annuity at all or, alternatively, had no right to recover for any costs incurred for the care of her mother received after her father's death. Appellant subsequently appealed the district court's judgment granting summary judgment to AHCCCS. The court held that the 2006 amendment to 42 U.S.C. 1396p(c)(1)(F)(i) created a right in the State to recover as a remainder beneficiary against a community spouses' annuity for an institutionalized spouse's medical costs. The court further held that the State's recovery was not limited to the amount it paid for the institutionalized spouse's medical costs as of the date of the community spouse's death. Accordingly, the court affirmed the judgment, concluding that AHCCCS could be reimbursed as the primary remainder beneficiary from the father's annuity for the cost of the medical assistance it paid on the mother's behalf after the father's death.

Plaintiff and his children (plaintiffs) brought a 42 U.S.C. 1983 suit against defendants for damages resulting from plaintiff's unlawful arrest. Plaintiff was arrested as he stood outside a fair selling promotional tickets for $5 that he had received for free from a radio station. At issue was whether the district court properly granted summary judgment in favor of defendants on the grounds of qualified immunity. The court agreed with the district court that there was no probable cause to arrest plaintiff and his right to be free from unlawful arrest was violated. The court held, however, that the district court's grant of summary judgment on the grounds of qualified immunity for an unlawful arrest was reversed where all reasonably competent officers would have agreed that plaintiff was not committing a crime because there was no scalping law in Nevada; it was simply not a crime to sell tickets to a fair; plaintiff's t-shirt, which had the logo of the radio station, did not suggest fraud; and the ticket buyers were not duped by the sale. The court also held that plaintiffs' substantive due process right to family integrity was not violated where the facts of the case did not come close to rising to the level of conduct that shocked the conscience. Because the court concluded that plaintiffs' right to family integrity was not violated, the court need not reach the question of whether the deputy sheriff was entitled to qualified immunity for the violation of the right to family integrity.

Plaintiff foster children appeal the dismissal of their class action lawsuit under 42 U.S.C. 1983, in which they alleged that the caseloads of the Sacramento County Dependency Court and court-appointed attorneys were so excessive as to violate federal and state constitutional and statutory provisions. The district court abstained from adjudicating plaintiff's claims. The court held that the district court properly abstained from consideration of the claims plaintiff raised here based on O'Shea v. Littleton. Accordingly, the court affirmed the dismissal of the complaint.

Plaintiff and his children (plaintiffs) brought a 42 U.S.C. 1983 suit against defendants for damages resulting from plaintiff's unlawful arrest. Plaintiff was arrested as he stood outside a fair selling promotional tickets for $5 that he had received for free from a radio station. At issue was whether the district court properly granted summary judgment in favor of defendants on the grounds of qualified immunity. The court agreed with the district court that there was no probable cause to arrest plaintiff and his right to be free from unlawful arrest was violated. The court held, however, that the district court's grant of summary judgment on the grounds of qualified immunity for an unlawful arrest was reversed where all reasonably competent officers would have agreed that plaintiff was not committing a crime because there was no scalping law in Nevada; it was simply not a crime to sell tickets to a fair; plaintiff's t-shirt, which had the logo of the radio station, did not suggest fraud; and the ticket buyers were not duped by the sale. The court also held that plaintiffs' substantive due process right to family integrity was not violated where the facts of the case did not come close to rising to the level of conduct that shocked the conscience. Accordingly, the court affirmed the district court's claim on this issue.

Defendant was charged with crimes stemming from conduct involving her live-in nanny and housekeeper where defendant arranged for her to travel from her native Peru to the United States in 2006 by entering under a fraudulently-obtained visa to serve as a nanny and housekeeper. Defendant appealed her convictions for forced labor, related offenses of document servitude, and harboring an alien for financial gain. Defendant also appealed three sentencing enhancements and the restitution order. The court affirmed the convictions on all counts as supported by sufficient evidence. With respect to sentencing, the court declined to reach the merits of the first enhancement for visa fraud because it did not affect the guidelines offense level; affirmed the second enhancement holding defendant in forced labor for over one year; and affirmed the third enhancement for committing a felony "in connection with" forced labor. As for the restitution order which presented a question of first impression regarding whether child support arrearages belonged to a criminal defendant such that they could be assigned to a victim by restitution order while defendant's children were still minors, the court held that the minor child was the real party in interest to the accrued support. Therefore, any money that defendant received for child support did not belong to her but rather her children and it could not be assigned to the nanny/housekeeper. Accordingly, the judgment was affirmed in part and reversed in part.

Appellant, director of a child development center on the Elmendorf Air Force Base, sued appellees alleging claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-16, and a claim of unlawful removal from employment pursuant to 5 U.S.C. 7702. Appellant appealed from the district court's denial of summary judgment affirming a decision of the Merit Systems Protection Board ("MSPB"), which in turn upheld a decision by the United States Air Force ("Agency"), to terminate her employment after she requested 120 days leave without pay pursuant to the Family Medical Leave Act ("FMLA"), 5 U.S.C. 6382(a)(1)(D), and failed to provide the minimum information required by section 6383(b) of the FMLA. The court held that the MSPB's finding was supported by substantial evidence where appellant's WH-380 form and the two doctors' notes she submitted did not provide the minimum information required by section 6383(b). The court further held that, because appellant refused to submit the minimal mandated medical certification, she could not show any harm arising from the Agency's request for more documentation that was required by the FMLA. The court further held that the administrative law judge properly rejected appellant's argument that the Agency failed to give her adequate time to provide medical certification. The court finally held that substantial evidence supported the MSPB's finding and therefore, the Agency acted within its discretion in removing her from her position.