Family Law Courtroom Results – Carlsbad
Here are just a few of our happy clients throughout – San Diego County:
The Family Law and Divorce Lawyers at Griffith, Young & Lass have aggressively represented San Diego Divorce and Family Law clients in every aspect of Family Law litigation throughout the San Diego counties with great success. Their courtroom experience rivals that of their peers in the Family Law field with years of practical Family Law experience. From property and custody to domestic assault cases, fighting for the rights of unborn children, immigration divorces, and advocating for fathers’ rights, our family attorneys can handle any divorce case.
Each of our lawyers is well-versed in California Family Law and is familiar with the San Diego Family Court judges and their style of practice. This knowledge has gained them both recognition and respect in the Family Law community. Our work speaks for itself.
San Diego Divorce and Family Law Favorable Rulings
Disclaimer: The posts below and specific case results are case and fact specific. Every family law case is different with its own set of circumstances. Please note that case results listed below are not meant to be a predictor or guarantee regarding future representation and are not meant to be construed as legal advice. If you need legal advice regarding a family law matter then you should speak with a family law attorney about the specific facts of your case.
SEVEN COUNTS OF CONTEMPT: DISMISSED
On July 27, 2016, attorney John Griffith represented his client at an arraignment hearing for seven counts of contempt for failing to pay child support. The charges lacked merit. It is strongly believed that the other party in the case filed the contempt action in an attempt to harass Griffith’s client and to “punish” him. On Griffith’s motion, the Court dismissed all seven counts of contempt. It is unknown whether the other party intends to re-file. However, if she does, the renewed requests will be defended and defeated.
ATTORNEY GRIFFITH OBTAINS JOINT 50/50 CUSTODY ORDERS FOR MOTHER IN HIGH CONFLICT CUSTODY CASE
On February 22, 2016, Attorney John Griffith completed a one-day trial and obtained joint custody for his client of her 2 young children. For the preceding year and a half, Griffith client, a Mother, had had limited contact with her children due to a history of issues with alcohol. Griffith was able to convince the family court judge through testimony and documentary evidence that the Mother was fit to parent the children on a full-time basis. The Court also gave the Mother sole legal custody due to communications issues created by the Father.
ATTORNEY GRIFFITH OBTAINS MOVE-AWAY ORDERS FOR MOTHER IN CHILD CUSTODY CASE
On January 5, 2016, Attorney Griffith finished a full day trial on his client’s request to move with the minor children to San Francisco. Griffith represented the Mother who had been the primary custodial parent to the children. The Family Court Services recommendation recommended against the move. However, Griffith persuasively presented the evidence applicable to the law on move away cases and the Court granted the Mother’s request to move.
ATTORNEY GRIFFITH OBTAINS TRANSFER OF VENUE IN LOS ANGELES DIVORCE CASE
On November 3, 2015, Attorney Griffith successfully argued a motion to transfer of venue in a highly contested divorce case. Griffith represented the Wife who lived with the children in Los Angeles. The Husband moved to San Diego and filed for divorce seeking the jurisdiction of the courts in San Diego. The issue was highly litigated with Husband’s attorney calling Wife for a full day deposition. Upon conclusion of the trial which included the testimony of both parties, the Court agreed that the change of venue to Los Angeles was appropriate and the case was transferred.
ATTORNEY GRIFFITH OBTAINS ORDER FOR NEW TRIAL IN HIGH ASSET DIVORCE CASE
On August 10, 2015, Attorney John Griffith successfully argued a motion requesting a new trial for his client, the Husband in a divorce case. After a five-day trial, the Court made orders regarding Husband’s income that grossly inflated his actual income. Griffith argued that there was no evidence presented at trial that could possibly support the Court’s order. The order was vacated and a new trial set to determine Husband’s actual income to be used for spousal support.
ATTORNEY JOHN GRIFFITH SUCCESSFULLY OPPOSES MOTION TO QUASH IN SAUDI ARABIAN INTERNATIONAL DIVORCE CASE
On September 26, 2014, Attorney John Griffith obtained orders for denial of a motion made by the husband of his client to dismiss her divorce action filed in San Diego. Attorney Griffith present evidence that although the husband had not lived in San Diego for at least ten years, he had sufficient contact with San Diego because he owned property in California subject to division in the divorce. The court also found that it would be unfair to force the wife to litigate her divorce internationally in Saudi Arabia because, being a woman, she could not be afforded due process in Saudi Arabia.
FAVORABLE CHILD SUPPORT RULING ON “IMPUTED INCOME”
On August 13, 2014, child support lawyer John Griffith obtained favorable orders for child support for his client, a mother of two. The father was requesting that the mother pay child support due to the fact that he had been unemployed for the past two years. Mr. Griffith was able to present evidence to prove that the father was unemployed by his own choice and that he could be working if wanted to. The Court “imputed” wages on the father and ordered him to contribute to the financial support of his children.
FAMILY ATTORNEY AMY LASS OBTAINS FAVORABLE CHILD SUPPORT AND SPOUSAL SUPPORT ORDERS IN SAN DIEGO DIVORCE CASE
On August 1, 2013, Attorney Amy Lass obtained favorable support orders for her client in a highly contested San Diego Divorce case. Attorney Lass’ client was facing the possibility of paying her husband temporary spousal support being that he was disabled and she was the higher wage earner. Through the discovery process, Ms. Lass was able to prove that the husband was hiding income received as a result of under the table work as a DJ. She was also able to argue that spousal support paid from wife to husband was not warranted considering a history of domestic violence. The result of the case was no order for spousal support.
SAN DIEGO SPOUSAL SUPPORT LAWYER JOHN GRIFFITH OBTAINS DECREASED ALIMONY ORDER FOR CLIENT POST DIVORCE
On April 9, 2013, Attorney John Griffith argued for and won a significant reduction in ongoing spousal support paid from his client to the ex-spouse. After hearing extensive testimony and argument from both sides the Court made orders reducing the client’s spousal support from $1,500 to $850 per month. This isn’t the end of this San Diego spousal support case however. Part of the court’s ruling included a finding that the husband had not sufficiently proven that the wife was living with her boyfriend. This finding was mainly based on the perjured testimony of the wife. A matter is now on calendar to expose the perjury and to obtain a permanent termination of spousal support. Update to come.
ATTORNEY JOHN GRIFFITH SUCCESSFULLY DEFENDS FALSE ALLEGATIONS OF DOMESTIC VIOLENCE IN SAN DIEGO DIVORCE CASE
On March 20, 2013, Divorce Attorney John Griffith obtained a dismissal of a domestic violence restraining order request made by the spouse of his client in a San Diego Child Custody matter. After a trial that lasted two full days, and after having taken the testimony of both parties at length, the allegations that the Husband and father threatened to kill his Wife were found to be not credible. Child custody orders were made allowing for the father’s rights to finally see his children again after having been kept from them for over a month as a result of a temporary restraining order being put in place prior to the hearing. The California Family Code allows for attorney’s fees to be ordered against a party that makes a baseless accusation of domestic violence. Mr. Griffith’s client plans on seeking full restitution.
CHILD CUSTODY EXPERT, CATIE YOUNG, OBTAINS FAVORABLE CHILD CUSTODY ORDERS DESPITE DISMAL MEDIATOR RECOMMENDATIONS
On March 7, 2013, Attorney Catie Young obtained orders in a heavily litigated child custody hearing. Attorney Young’s client, the mother in the case, hired Griffith, Young & Lass after having received a poor recommendation from Family Court Services (FCS) and having attended FCS mediation without a lawyer. The FCS Recommendation called for sole legal custody of the children to the Father and supervised visits with a mere 5% timeshare with the Mother. Attorney Young did her best to negotiate a settlement with the opposing attorney, but emboldened by the mediator’s recommendation, the opposing counsel refused to budge. After presentation of evidence including the testimony of the parties, Ms. Young was able to obtain unsupervised liberal visitation orders granting extended weekends and weekday overnight visits for her client as well as joint legal custody. This was the first child custody hearing in a newly filed San Diego Divorce case. Had the hearing gone differently, it would have set the tone for an uphill battle moving forward.
TWO WEEK OLD BABY RETURNED TO FATHER AFTER TAKEN INTO PROTECTIVE CUSTODY
On February 27, 2013, Attorney John Griffith obtained orders from a San Diego Juvenile Dependency Court returning a 2-week old infant from temporary foster care into the care of his Father. Attorney Griffith was retained by the Father, a member of the U.S. Navy, after he was notified that his two-week-old son had been removed from the Mother’s care due to an admission of drug use during the pregnancy. Attorney Griffith attended the initial detention hearing the very next morning. The counsel assigned to the child adamantly opposed the release of the child to the Father citing that in his opinion the Father had failed to protect the child from the Mother due to his knowledge of the Mother’s prior drug use. Attorney Griffith was able to persuade all attorney’s involved in the case as well as the CPS social worker that his client child provides a safe and stable environment for the child. The child was reunited with the Father later that day.
RESTRAINING ORDER DISMISSED IN FALSE CHILD ABUSE ALLEGATION CASE
On February 13, 2013, Attorney John Griffith obtained orders dismissing a Domestic Violence Restraining Order request in a San Diego child custody case. Attorney Griffith represented the Father and accused. In her moving papers, the Mother alleged that Father had in some way inappropriately touched their young daughter. The case was referred to Child Protective Services (CPS) and for a brief period to the San Diego Police Department for investigation. With the counsel of attorney Griffith, the Father cooperated with the investigation at every level even going so far as to submit to a lie detector test to prove that the allegations were false. When the restraining order request came up for hearing, attorney Griffith argued that the allegations were meritless and made without any evidence whatsoever in support of the claims made. The temporary restraining order was dismissed and request for permanent restraining order denied.
MOVE AWAY GRANTED IN CHILD CUSTODY CASE
On December 7, 2012, Attorney Catie Young obtained favorable orders in a San Diego child custody “move away” case. Attorney Young represented the Mother requesting to move to Virginia with the minor child in the case. The Mother had a fiancé in the military stationed in Virginia and had to request court orders in order to move with the child. The Father in the case retained an attorney and fought the move claiming that he was the child’s primary parent and that a move would be detrimental. The father went so far as to make false reports to Child Protective Services in an effort to gain an edge in the case. After a day-long trial including an extensive argument as to the state of the law on this issue in California, attorney Young prevailed and the Mother was granted permission to move. Move away cases in California family court are among the most aggressively litigated cases in family law. If you are considering a move and there are children involved and would like to speak with an experienced attorney in this area call Catie Young for a free consultation at 858-345-1720.
JURISDICTIONAL WIN IN MULTI-STATE CHILD CUSTODY CASE-CHILD ORDERED RETURNED FROM TEXAS TO CALIFORNIA
On November 19, 2012, Attorney John Griffith obtained orders from a San Diego family court judge granting a jurisdictional motion litigated between Texas and California. Attorney Griffith represented the Mother in a case wherein the Father left to Texas with a toddler for a family visit and never returned. Once in Texas the Father filed for emergency custody orders and received them from a Texas family law court. Attorney Griffith filed a motion in San Diego family court for the immediate return of the child to California and findings that Texas did not have jurisdiction to make orders in the case. After several hearings, the legal issued briefed to the court by Griffith, and correspondence with the Texas family court judge, the Court ordered the immediate return of the child to attorney’s Griffith’s client in San Diego.
RESTRAINING ORDER DISMISSED IN CASE OF FALSE ALLEGATIONS OF DOMESTIC VIOLENCE
On October 18, 2012, Domestic Violence Defense Attorney, John Griffith, obtained orders dismissing a restraining order against his client in a highly contested San Diego Domestic Violence Restraining Order case. The client of Griffith, Young & Lass was removed from the family residence over a year ago and separated from his family including two young sons. The temporary restraining order was continued several times under various attorneys until finally, attorney Griffith was able to bring the issue to trial. By placing the accuser on the stand under cross-examination, Griffith was able to convince the family court judge that the allegations were insufficient to warrant a permanent restraining order in the case and the restraining order was denied.
VICTORY FOR CLIENT IN MULTI-MILLION DOLLAR PROPERTY DIVISION TRIAL
On October 17, 2012, Divorce Attorney, John Griffith, obtained orders for property division in a high asset San Diego divorce matter. Griffith represented the wife in a trial on the issue of the characterization of the family residence, a two-million-dollar Carlsbad duplex. The entire residence had been previously owned by the Wife’s mother and was subsequently gifted to the Wife. The Husband in the case claimed that he was entitled to one half the value of the house because the title of the house was transferred to him and the Wife as co-trustees of a family trust. In a highly contested half-day trial, attorney Griffith was able to obtain orders from the family court judge awarding the entire residence to his client. Husband’s claim that the house was transmuted into community property was denied.
EMERGENCY CHILD CUSTODY ORDERS OBTAINED
On September 11, 2012, Encinitas Child Custody Lawyer, John Griffith, obtained orders for child custody in a North County San Diego child custody matter. Attorney Griffith represented the father’s rights in a post-divorce custody matter where the unstable mother absconded with the children, dyed her hair, and attempted to conceal her whereabouts from the father. The mother had a history of serious drug abuse. Attorney Griffith received a call from the client over a three-day weekend and was in court with the paperwork to obtain an order for full legal and physical custody of the children to his client first thing Tuesday morning. The children are now safe in the father’s custody and a motion for permanent placement with the father is pending.
FAVORABLE RULING IN SPOUSAL SUPPORT AND ATTORNEY’S FEES HEARING
On June 13, 2012, San Diego Divorce Lawyer, Catie Young, obtained orders for spousal support and attorney’s fees in a San Diego divorce matter. Attorney Young represented the wife requesting orders for spousal support and attorney’s fees from the husband in the case. The hearing was highly contested by the opposing divorce lawyer. The family court judge made orders exceeding the client’s expectations and ordered that the husband pay all of the wife’s lawyer’s fees and costs.
MODIFIED ORDERS IN SAN DIEGO DCSS CHILD SUPPORT CASE
On May 31, 2012, Attorney Catie Young obtained favorable orders for her client in a San Diego DCSS child support case. The existing child support orders prior to the hearing were based on presumed income based on incorrect information obtained by DCSS as well as an incorrect timeshare percentage provided by the custodial parent. Ms. Young was able to obtain orders reducing the child support order significantly by providing evidence of the client’s actual income as well as a timeshare with the minor child.
EMERGENCY CHILD CUSTODY ORDER GRANTED
On May 30, 2012, Attorney John Griffith of Griffith, Young & Lass obtained emergency child custody orders from a San Diego family court. The orders granted the husband and father’s request that the mother be prevented from leaving the County of San Diego with the minor children. The hearing arose from the mother’s unilateral decision to move out of State with the children without obtaining the consent of the father. Despite the father’s expressed objection, the mother refused to back off and the client hired Griffith, Young & Lass to obtain orders. Attorney Griffith appeared at an emergency child custody hearing and the requested orders were granted.
VICTORY IN SAN DIEGO CHILD SUPPORT CASE
On May 29, 2012, Attorney John Griffith of Griffith, Young & Lass obtained orders granting his client an initial child support order. Griffith, Young & Lass represented the mother in the case. After filing the mother’s motion for child support, the father promised that he would never pay child support and claimed that he was unemployed and couldn’t find work for over a year. Griffith was able to obtain an order for child support that considered the father’s ability to earn at least minimum wage.
CLIENT AWARDED OVER $30,000 IN POST DIVORCE PROPERTY DIVISION CASE
On April 9, 2012, Attorney John Griffith of Griffith, Young & Lass obtained orders for the wife in a highly litigated post-divorce marital property division case. Griffith represented the wife in a motion to divide an asset that had been missed during the divorce proceedings. At the April 9th hearing, the husband requested that the original award be reduced due to the taxes that he paid on the property at issue. The motion backfired as the family court judge granted husband’s request, but also granted wife’s counter-request for the court to add back her lost use of the property for a period of five years. The resulting ruling was a higher award than originally ordered.
VICTORY OVER FALSE DOMESTIC VIOLENCE ALLEGATION
On January 19, 2012, Attorney John Griffith from Griffith Law represented two defendants in a domestic violence restraining order case. The hearing was a follow up to a trial last August, where after months of litigation, requests for restraining orders against both clients were dismissed. The Petitioner in the case paid the price for having filed false claims against the two defendants today in Court when the family law judge ordered her to pay nearly $25,000 in attorney’s fees as restitution to the clients of Griffith Law. Catie Young, a new associate of the law firm, is credited with developing the case and drafting an excellent brief for the court’s review.
“We have worked long and hard to reach this result in a case where two men were falsely accused of domestic violence. Accusers should think twice before making these types of meritless claims and the judge’s decision today shows that truth prevails in the end.”, says attorney Griffith.
FAVORABLE CHILD CUSTODY, CHILD AND SPOUSAL SUPPORT GRANTED
On January 18, 2012, Attorney John Griffith of Griffith Law obtained favorable orders for child support and spousal support from a San Diego Family Court judge. Attorney Griffith has represented the wife and mother of two through her divorce for over a year and a half and the issues of child custody, child support, and spousal support have been extensively litigated. The most argued point regarding the support order was the issue of timeshare percentage with the children. Attorney Griffith was able to argue persuasively regarding this issue by using as evidence a calendar kept by his client regarding time spent with each parent. This crucial piece of evidence was pivotal in the judge’s decision. Based on the evidence presented and argument of the attorneys, the judge ordered that the husband pay nearly $7000 in back pay to the wife for underpayments made for support over the course of the past year.
FILE SEALED IN DOMESTIC VIOLENCE RESTRAINING ORDER CASE
On November 22, 2011, Attorney John Griffith received an order from the court granting a request to seal the entire file in a Domestic Violence Restraining Order case. Griffith Law represented the Respondent in the case, and after successfully defending the request for Restraining Order, the client wanted the file sealed from public record. After presentation of the case and legal argument, Attorney Griffith was able to persuade the court that his client had a constitutionally protected interest in the sealing of the record that outweighed the public’s interest in access to the file. This was a huge win for the client considering the difficulty and complexity of the legal issue.
RETROACTIVE CHILD SUPPORT AND SPOUSAL SUPPORT MODIFICATION ERASES $30,000 IN ARREARS
On November 16, 2011, Griffith Law received a written ruling from the court in a Department of Child Support Services case that had been litigated for over a year and a half. After several hearings and the involvement of a specially assigned forensic expert, the court took all issues under submission. Attorney John Griffith represented the client through three changes of attorney on the other side and presented a skillful case regarding the client’s self-employment income. The result was a huge victory for our client. A $3,000 per month spousal support order was cut in half and made retroactive all the way back to the filing date of the motion to modify back in March of 2010.
SETTLEMENT REACHED IN HIGHLY CONTESTED SAN DIEGO DIVORCE CASE
On November 9, 2011, Attorney John Griffith successfully settled a highly contested San Diego Divorce case that had been ongoing for more almost two years. Attorney Griffith represented the Wife in a case wherein there was a history of domestic violence perpetrated by the Husband. Going into the settlement conference the opposing party was adamantly opposed to the settlement. Attorney Griffith was able to negotiate a full settlement on all issues in less than an hour. The parties were able to obtain a Judgment of Divorce that same morning.
SUCCESSFUL DEFENSE OF FALSE ALLEGATIONS OF DOMESTIC VIOLENCE
On September 9, 2011, Attorney John Griffith successfully defended two litigants in a San Diego Domestic Violence Restraining Order case. The allegations made by the Petitioner were false and the Petitioner presented no evidence to support her claims. Attorney Griffith was able to obtain orders that the requests for Domestic Violence Restraining Orders be denied for both of his clients. Mr. Griffith and his clients are in the process of seeking fees and sanctions for the Petitioner’s abuse of the Domestic Violence Restraining Order system.
MOTION TO EXPUNGE GRANTED IN HEAVILY LITIGATED SAN DIEGO DIVORCE CASE
On August 9, 2011, Attorney John Griffith obtained orders from a San Diego Family Court Judge on a Motion to Expunge a Lis Pendens. Mr. Griffith represented the mother of a divorce litigant. The opposing party claimed that the marital community owned the mother’s residence. The issue was highly litigated and argued at length. In the end, Mr. Griffith obtained orders granting the motion, effectively freeing the mother’s residence from encumbrance. The court also ordered the opposing party to pay the sum of $2,500 in attorney’s fees to Mr. Griffith’s client.
MOTION TO QUASH GRANTED IN ABUSIVE DISCOVERY CASE
On August 8, 2011, Attorney Griffith obtained orders from a San Diego Family Court Judge granting two motions to quash discovery including 8 different subpoenas to various entities. In this highly litigated San Diego divorce case the opposing party’s attorney insisted on issuing overwhelming discovery requests including over 14 total subpoenas to various financial institutions. After extensive argument and presentation of evidence, the court granted both motions to quash.
CHILD CUSTODY AND VISITATION
On July 20, 2011, Attorney John Griffith represented a San Diego Family Law client in child support and child custody case that had been litigated for more than two years. Mr. Griffith’s presentation in argument persuaded the court to make orders changing custody and visitation orders for the children in favor of his client as a result of the Mother’s recurring substance abuse issues. The Court also ordered the other parent to pay child support over the objection of the opposing attorney and argument that she did not have the ability to earn income.
EMERGENCY CHILD CUSTODY ORDERS
On July 19, 2011, during an emergency child custody hearing in San Diego, Attorney John Griffith argued for court orders granting primary physical and legal custody of two children to his client. Mr. Griffith also requested and obtained an order terminating visitation with the other parent pending examination and input from a mental health professional. Over objections from the opposing counsel, Attorney Griffith effectively and strongly argued that any exposure to the other parent was detrimental to the welfare of the children. The court agreed and ruled in favor of Mr. Griffith’s client who was pleased with the court’s decision
CHILD SUPPORT AND SPOUSAL SUPPORT ORDERS
At a hearing on May 26, 2011, Attorney John Griffith argued at an El Cajon Family Court hearing on a request for the Court to vacate unfair child support, spousal support and attorney’s fees orders made against a military service member while he was on deployment. Mr. Griffith was able, not only to have the orders for child support, spousal support and attorney’s fees reversed, but he obtained an order reducing the amount of support by over 40% by arguing that the other parent had the ability to earn much more income than she claimed that she could earn.
Attorney John Griffith successfully settled all issues on March 2, 2011 in a San Diego Divorce matter. Mr. Griffith represented the wife in a marriage that lasted two years ending in the Husband’s infidelity. The Husband brought in excess of $70,000 of debt into the marriage. Husband’s counsel adamantly demanded that half of the debt be assigned to the Wife, made very low offers for spousal support and demanded that the Wife return a $12,000 engagement ring to Husband.
Mr. Griffith litigated the case for several months as Husband and his counsel would not budge from their position. After argument regarding law and a potential favorable result for Wife at trial, the case resulted in settlement wherein Husband assumed all the debt including two years of unpaid income tax debt. Wife received an order for $1,400 per month on spousal support, kept the engagement ring, and Husband paid Wife’s attorney’s fees.
OMMITED ASSET AND ENFORCEMENT OF JUDGMENT
On September 10, 2010, John Griffith represented a San Diego Family Law client and helped her achieve a favorable ruling on a complex family law case. Mr. Griffith handled this matter through numerous court appearances and a lengthy trial. The issues argued by Mr. Griffith included omitted assets from a divorce that was finalized two years prior. The omitted assets which were in the husband’s control were valued at several thousands of dollars. Other issues that were litigated included spousal support and the reallocation of other financial assets. The case was a difficult and complex case because of the time that had passed between the divorce and the post-judgment hearing.
Mr. Giffith’s presentation in argument was persuasive and convincing. The court ultimately ordered the husband to pay his ex-wife 50% of the value of the omitted assets. In addition, the client received a large increase in spousal support and the request for arrears on the support order was granted.
MOVE AWAY ORDERS
John Griffith represented a client in a San Diego child custody and move away matter that was concluded after several months of intense litigation. Mr. Griffith’s client was attempting to have her son returned home to Nebraska after the opposing party filed a motion for a complete change in custody during a five-week visit in San Diego. At an emergency ex-parte hearing, the Court ordered an expedited trial on the issue and stated that it was inclined to grant the opposing party’s request based on the facts of the case.
At the trial, Attorney John Griffith argued persuasively and aggressively to obtain an order denying the opposing party’s request to change custody. The child returned home to Nebraska.