Family Law, Divorce, Estate Planning, Wills, Trusts, Probate, Guardianship, Elder Law
 
Serving Orange County, California, including;
 Anaheim, Brea, Costa Mesa,  Fullerton, Huntington Beach, Irvine, Newport Beach, Orange, Santa Ana, Tustin, Villa Park, Yorba Linda

Q

qualified domestic relations order: (QDRO) A court order, called a qualified domestic relations order, concerns the assets of a pension plan that are approved for division in a dissolution property settlement or for child or spousal support.

quantum meruit: Means "as much as deserved" and measures the recovery under an implied contract theory to pay compensation as the reasonable value of services rendered.  The law implies a promise to pay a reasonable amount for services, or labor and materials furnished, even absent a specific contract.

quid pro quo: The giving of one valuable thing for another; "this for that." 

R

res: The res is the subject matter of a trust or will.  Trust property also called the corpus or the principal. 

restraining order: An injunction by which the court forbids the defendant from doing an specific act for a period of time and until a hearing may be heard.
 
request for admission: Written statements presented by a party in a cause of action to the adverse party, requiring the adverse party to admit relevant facts, which will not need to be proved at trial.
 
revocation of will: By operation of law in California, a divorce following the execution of a will revokes all provisions in the will in favor of a former/divorced spouse.  The theory for such a revocation is that it is assumed the testator would not want the will to operate in view of the changed family status.

S

self proving affidavit:  A method whereby the witnesses sworn testimony can be secured at the time the will is executed, eliminating the need to track down the witnesses and arrange for their testimony to probate court, after the testator's death.

separate property: Property owned by a husband or wife that is their own property, such as property owned before marriage or acquired after marriage by gift or inheritance.
 
service of process: The delivery of legal papers to an adverse party in a cause of action, which provides notice and gives the party an opportunity to appear and be heard.

set aside default or default judgment: (vacating judgment) A motion may be made to the court after the entry of judgment, within 6 months after the date of the default.

Specific performance:  The equitable remedy of specific performance may be obtained by a plaintiff to protect his expectancy interest in a contract.  The non-breaching party asks the equity court for a personal order forcing the defendant to perfocem his contractual obligation.

spendthrift clause:  A clause in a trust instrument whereby the "spendthrift" beneficiary is restrained and prevented from squandering his equitable interest in the trust.  A spendthrift clause in a trust instrument seeks to prohibit the voluntary or involuntary transfer of a beneficiary's interest before it is paid to the beneficiary. 

spoiliation: The intentional destruction of evidence or significant and meaningful alteration of a document or instrument.  When it is established, the finder of fact may draw the inference that the evidence destroyed was unfavorable to the party responsible for its destruction or alteration.

spousal immunity:  The immunity held by a married person whose spouse is a defendant in a criminal case, whereby that spouse may not be called as a witness, by the prosecution.  A married person may not be made to testify against his or her spouse in any criminal proceeding, regardless of whether the spouse is a defendant.  In order for this privilege to be effective, there must be a valid marriage, and the privilege lasts only during the marriage.    

spousal support: (maintenance) (see alimony)  Court ordered economic support to dependent former spouses.  Spousal support is generally of temporary  duration to allow a former spouse obtain education and job skills, enable earning power and become self-supporting.

springing power of attorney: A power of attorney that becomes effective when a specific event has occurred, which is usually the principal's incapacity.

stipulation to judgment: The parties may stipulate for judgment of all matters subject to the court's jurisdiction or expressly reserve jurisdiction over matters proposed for disposition at a later time. 

subpoena: A subpoena compels appearance at a certain time and place to give testimony upon a certain matter.

subpoena duces tecum: A subpoena duces tecum is initiated by a party in litigation, which compels the production of specific documents and material relevant to facts in issue in a pending judicial proceeding, that are in the custody and control of the person or entity served with process. 

sub rosa: In secret; confidential, not for publication.
 
summary judgment: A procedural device whereby any party to a civil action may move on all or part of a claim, counterclaim, or cross-claim that the party believes there is no genuine issue of material fact and that he is entitled to prevail as a matter of law.  The motion for summary judgment may be made on the basis of the pleadings or other portions of the reord in the case or it may be supported by affidavits or other extrinsic material.     

T

temporary restraining order: A court order issued on a temporary basis in an emergency situation, until the arguments and evidence can be heard by the court and the appropriate action in the matter determined.
 
tenant in common: A form of property ownership whereby each owner (or tenant) owns an undivided interest in the property. Upon the death of a tenant in common, there is no right of survivorship in the other tenant(s) in common and the property of the deceased tenant in common passes to his estate or heirs.

tender: A readiness and willingness to perform in the case of concurrent performance by the other party, with present ability to do so, and notice to the other party of such readiness.  An offer to perform coupled with manifest ability to carry out the offer and production of the subject matter of tender.
 
testamentary: An instrument or documents is testamentary when it is written or made so as to take effect after the death of the person making the instrument or document.

testamentary capacity: To have testamentary capacity, a testator must be of the age of majority (18 years of age), understand the nature and extent of their property, the persons who are the natural objects of their bounty, and the meaning and practical effect of their will.

testate: An individual who has died and has made and leaves a will.  

trust: An estate planning document sometimes called an inter vivos trust or a revocable living trust.  A trust is a fiduciary relationship with respect to specific property (res) wherein the trustee holds legal title to the property subject to enforceable equitable rights in a beneficiary.  

U

unborn beneficiaries: An unborn person named to share in an estate whose interests are generally represented by a guardian ad litem appointed by the court.

unclean hands: The defense of unclean hands may prevent a plaintiff from obtaining specific performance in a contract dispute. A court of equity may deny specific performance when the plaintiff has acted in an unequitable way in a matter that is directly related to the parties' dispute.  

Uniform Child Custody Jurisdiction and Enforcement Act: (UCCJEA) A declaration must be filed under this act, if there are minor children involved.
 
Uniform Interstate Family Support Act: (UIFSA) Provides uniform state laws to enforce support obligations when the minor’s custodial parent and non-custodial parent reside in different states. 

V

venue: The geographic area in which a court has jurisdiction over a matter and may hear a case or the place in which an injury or fact is to have taken place.

visitation rights: The non-custodial parent’s (parent who does not have physical custody or live with the child) right of access, granted by the court, to visit the child or children.

void: An instrument or transaction, such as a contract, that has no legal force, is ineffective and inoperative. 

void ab initio:  A contract is null and invalid from the beginning if it seriously offends law or public policy, as compared and contrasted by a contract that is merely voidable at the election of the parties to the contract or transaction.

voidable:  An instrument or transaction, such as a contract, which has an imperfection or defect that can be cured by the act or confirmation of the parties.  
 
void marriage: (see nullity) A marriage where the parties could not enter into a valid marriage and an assumed marriage does not exist. voidable marriage: A marriage which is valid when entered into and remains valid until either party obtains a court order that determines it is void.

voidable marriage: A marraige in which there is an inperfection that can be inquired into only during the lives of both of the parties.  The parties may seek a proceeding to obtain a judgment  declaring the marriage void.