Damage: Internal Bleeding/Sever Infection

Settlement Amount: $375,000

Our firm was triumphant in obtaining an advantageous settlement in a medical malpractice case where, due to the physician’s negligence, a patient suffered internal bleeding and sever infection during a minimally evasive outpatient procedure (Leep Procedure).

Issue: Spousal Support

Our firm was successful in obtaining a $7,000 per month spousal support order in favor of a wife who is a practicing medical doctor.

Damage: Brain Trauma

Settlement Amount: $2,054,000

Our firm was able to obtain a very favorable settlement in a case where a minor sustained brain injuries while a passenger in a vehicle struck at an intersection.

In a lot of ways, an action for Legal Separation and Dissolution of Marriage is the same. Both of the actions permanently resolve issues of support, custody, visitations and property division. However, during an action for Legal Separation the parties remain married. This action would be ideal for individuals who because of religious or moral grounds do not want to get a divorce or if they simply want to allow themselves the chance to resume their marriage after a period of separation. For others the decision to file for Legal Separation versus Dissolution of Marriage can be based on a desire to allow employer-supplied health insurance coverage to continue for both spouses. Most employer-supplied health insurance policies allow the receiving spouse to ensure continued coverage for his or her immediate family members, such as children and spouse. However, upon an entry of divorce, the health insurance coverage for the non-receiving spouse terminates. It is imperative that you discuss your concerns and needs when choosing which course of action to take.

An example of a few common causes of slip and falls include: pieces of flooring not being properly adhered, objects or items left on floors that are not easily visible, any kind of liquids on the floor, badly constructed stairwells, uneven paving or holes in the flooring material, surfaces that are inappropriate to walk on because they are too slippery or otherwise unsafe. Any of these can easily lead to injuries for which you may be compensated. If you have suffered such an injury and would like to learn more about your rights and the compensation to which you are entitled, call Berenji & Associates today.

Any man who is accused of being the father of a minor child in California is entitled to a DNA test to prove his fatherhood. The custodial rights of parents in a Paternity Action is similar to other family actions that deal with child custody in that the courts look at the best interest of the child in awarding custody and visitations.

A Prenuptial Agreement is entered into between a soon-to-be husband and wife. In contrast, a Post-Nuptial or Post-Marital Agreement is entered into by a couple after their marriage. These agreements will direct how property will be allocated between spouses either at the time of the parties’ divorce or death, absent a will or trust. It can also set boundaries on the amount of spousal support incase of a divorce. The parties are free to enter into any agreement that deviates from the presumption that all properties obtained during the marriage are community in nature. However, parties should be forewarned that California Courts are reluctant to enforce a Prenuptial Agreement that promotes a divorce.
Parties who enter into an agreement while married, have an inherent fiduciary duty to each other. This fiduciary duty does not exist in Prenuptial Agreements since the parties are not married. However, California Courts have established certain rules to ensure full disclosures of all the assets by both parties. These rules also protect the parties from any pressure such as being forced to sign a Prenuptial Agreement immediately before the wedding.
Although there is no legal requirement that each party have an attorney look over and sign a Prenuptial Agreement it is always recommended to consult an attorney to protect your rights and to ensure that the agreement you enter into will not be set aside at the time of a divorce because of technical reasons.

Post-Nuptial/Marital Agreements

Spouses will sometimes want to enter into an agreement after the marriage, even if they do not anticipate a divorce in their future. This type of agreement is called a Post-Nuptial or Post-Marital Agreement. By entering this agreement, the parties can agree to separate their assets and debts as they see fit and avoid the effects the law would have on such division. Unlike the Premarital Agreements, the parties owe fiduciary duties to each other and must ensure that they fully disclose all of their assets and business dealings.

The most important factor the courts look at in determining which parent will have custody of the children is the children’s best interest. In determining the best interest of the children, the courts look at the following:

(1) the health, safety, and welfare of the child;
(2) any history of abuse by one parent or any other person seeking custody against any of the following:

• (a) any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary;

• (b) the other parent;

• (c) a parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.

(3) the nature and amount of contact with both parents; and
(4) the habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.

Every custody or visitation order shall contain all of the following:
(1) the basis for the court’s exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given;
(3) a clear description of the custody and visitation rights of each party;
(4) a provision stating that a violation of the order may subject the party in violation to civil or criminal penalties, or both;
(5) identification of the country of habitual residence of the child or children.