Case Summaries
Family Law
[07/18] Duran v. Beaumont
Dismissal of a motion for the return of petitioner's daughter to Chile is affirmed where, for purposes of the Hague Convention on the Civil Aspects of International Child Abduction, petitioner had only access rights, not custody rights, leaving the district court without jurisdiction to order the return of the child.
[07/16] In re Marriage of Sonne
In a marriage dissolution proceeding, a conclusion that repurchased service credits for husband's years of service to his employer prior to his wife were community property is affirmed where the repurchase of service credits involved the commingling of separate and community property in the use of community funds to purchase the service credits. However, assignation to the wife of the entire survivor benefit of which she was the irrevocable beneficiary is reversed and remanded where the husband was only compensated for the cost of the survivor benefits when its value far exceeded its cost.
[07/10] In re A.M.
In deciding whether to grant a parent's request for self-representation in a juvenile dependency proceeding, a juvenile court must consider the child's right to a prompt resolution of custody status. The juvenile court has discretion to deny the request when it is reasonably probable that self-representation will unduly delay the proceedings, impairing the child's right to a prompt resolution of custody status. A parent's disruptive behavior may be sufficient, but is not necessary to deny the request.
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Elder Law
[05/13] Cao v. Commonwealth of Puerto Rico
In an action wherein plaintiff sought recovery under 42 U.S.C. section 1983 for alleged constitutional violations along with several state law causes of action after she was removed from her home, made to undergo a psychological evaluation, and placed in a state institution for the elderly, dismissal of plaintiff's complaint is affirmed where: 1) the district court properly dismissed plaintiff's section 1983 claim as untimely; and 2) with no federal cause of action remaining, the district court acted within its discretion in declining to exercise supplemental jurisdiction over remaining state law claims.
[05/05] Miller v. Am. Airlines, Inc.
In a suit against American Airlines under the Age Discrimination in Employment Act (ADEA), summary judgment for defendants is affirmed where: 1) a collective bargaining agreement did not require that plaintiffs be offered positions of comparable pay past the retirement age; 2) a claim, that a supplement to the collective bargaining agreement governing the retirement of flight engineers was facially discriminatory, was not properly raised before the EEOC.
[03/11] Budnick v. Town of Carefree
In an action raising, inter alia, a claim that defendant-town violated the Fair Housing Amendments Act of 1988 (FHAA) by denying plaintiffs a Special Use Permit (SUP) to build a multi-level continuing-care retirement community in the town, summary judgment against plaintiffs on the FHAA claim is affirmed where plaintiff failed to establish a discrimination claim under any of the theories of disparate treatment, disparate impact, or a failure to make reasonable accommodations. Potential residents of a retirement community do not presently qualify as disabled under the FHAA simply because some of them will become disabled as they age.
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