For divorcing or separating couples, the amount of child support they will receive, or will need to pay, can be a top financial concern. In California, child support is determined based on the incomes of each of the parties. Sometimes, when one party is unemployed, or underemployed, the Court is permitted to substitute a parties' "earning capacity" for his or her actual earnings. Either way, the parties' respective incomes or earning capacities are the basis for a determination of the actual child support owed under the statewide Guidelines. Every Court in the state uses the same set of calculations and formulas to determine the basic, minimum child support to be paid. However, additional factors, typically based on the specific needs of the children, can impact that Guideline calculation. Moreover, in cases in which one or both of the parties have "extraordinary" or high incomes, the Court is permitted to abandon the Guidelines in favor of an analysis based on the children's reasonable needs. We can help you figure out and negotiate the amount you will pay or receive based on or off the Guidelines, as well as helping you prepare to present your case to the Court, in the event that the matter cannot be settled.
Child Custody and Visitation
California determines child custody, including your specific parenting schedule and the way that important legal decision-making for your children will occur, based on "The Best Interests" of your children. The Court considers a myriad of factors in coming to a decision regarding your children's best interests, and our attorneys are ready to work with you to maximize your personal strengths as a parent, and even to help you work on the things you could be doing better.
Paternity
Spousal Support
Spousal Support, sometimes called Alimony, refers to financial maintenance paid to a spouse that is designed to preserve each party's economic status during or after the divorce process. The amount of temporary or post-divorce spousal support is determined by a number of circumstances, including the length of the marriage, the age and health of the parties, each party's needs and their respective abilities to pay, and the ability of each party to be or to become self-supporting.
Legal Separation
In California, Divorces are "no fault", making it relatively easy to obtain a divorce from the Court based solely on a showing of "irreconcilable differences." Additionally, parties who no longer wish to live together as husband and wife can also choose to file for Legal Separation, rather than for Dissolution of Marriage. Legal Separation is a legal construct that provides the same financial and custodial options as dissolution, but without the granting of a divorce. In actuality, the Dissolution or Legal Separation portion of your case will be the easiest and least time consuming part. Instead, most of our shared time and efforts will be spent on issues of child custody, child support, spousal support, domestic violence, and the division of property. All of these topics will be discussed below.
One of the major differences between civil law and criminal law is that civil law suits are initiated by the victim rather than the Federal or state government through a prosecutor. Civil law and criminal law proceedings are also very different, and one of the main differences lies in the "burden of proof." In a criminal case, the defendant must be proven guilty "beyond a reasonable doubt." A civil case only has to be proven on the "balance of probabilities".
Wrongful Death
In order for damages to be sought, an injury need not be physical. Such cases that involve being subjected to extreme emotional distress or verbal abuse may also entitle you to damages. In the case of a death within a family, surviving family members can recover damages through wrongful death laws & litigation.
Restraining Order
When a spouse makes threats of or inflicts physical harm on his or her partner, the California Family Code provides civil protections, and backs those protections up with both civil and criminal consequences. Our attorneys have years of practical experience obtaining protective orders to protect the safety and security of our clients. Our supportive advocacy, and our strong referral network of counselors and therapists, helps to break the cycle of violence in many cases.
Corporate governance, including corporate counseling, preparation of board and shareholder meeting minutes, and corporate rules and regulations
Mergers and Acquisitions
We have extensive experience in the formation and financing of new companies and ventures, from pioneering new technologies to more conventional businesses. We structure our clients' businesses to anticipate their future growth, and build the legal infrastructure necessary for this expansion. We also have expertise in the creation and operation of joint ventures and other corporate partnership efforts. As our clients grow, we provide additional experience in such areas as complex business transactions, strategic alliances, and mergers and acquisitions.
Business Disputes
Business and shareholder disputes, including corporate repurchase of withdrawing shareholder stock, business disputes between corporations, and breach of contract disputes
Business Transactions
We have handled many cases involving allegations of improper conduct in business transactions, including fraud, negligent misrepresentation, interferences with contractual or economic relations, and bad faith and unfair dealing. The firm has represented clients in cases involving claims under special statutes such as federal and state RICO laws, consumer protection laws, and laws relating to unfair trade practices.
Limited Liability Companies
Our firm structures, negotiates and implements legal strategies that compliment and enhance our clients' profit and growth strategies. We have extensive experience in representation of corporations, limited liability companies, partnerships and other business entities. Our representation includes...
Construction Contracts
We handle numerous cases involving commercial contracts in a wide range of areas such as the purchase and sale of businesses, utility contracts, contracts for the sale or development of intellectual property, construction contracts, and partnership disputes. We are experienced in litigating all types of cases under the Uniform Commercial Code, including contracts for the sale of goods, security interests, loan transactions, banking, procedures and investment.
Negotiation and drafting of contracts, including sales agreements, contractor agreements, distribution agreements, employment agreements and similar agreements
Real Estate Disputes – whether they involve purchase and sale contracts, commercial leases, design and construction defects, property insurance, joint venture agreements, property tax assessments or easements – require litigation expertise to resolve.
Construction Litigation
Steven Bernard is one of the pre-eminent trial lawyers in the East Bay. He has tried hundreds of jury and non-jury trials to completion and has obtained verdicts in the tens of millions of dollars for his clients. In his over 35 years of practice, he has handled landmark litigation matters in a wide variety of fields, including personal injury, land use, real estate, environmental law, construction defect, business and corporate matters, employment, labor, and family law. Several his cases have resulted in published appellate opinions in areas as wide ranging as personal injury, copyright, and land use.
Real Estate Transactions
Our large and active real estate practice represents developers, investors, lenders, and business users in the acquisition, development, financing, sale and leasing of real estate. Our lawyers are familiar with condominium and time-sharing forms of ownership, real estate syndication, zoning and the regulation of land use. We frequently assist in planning the structure of and negotiating complex real estate transactions, as well as handling the legal analysis and documentation.
Easement
Land Use and Zoning
Landlord-Tenant Disputes
Bernard, Balgley & Bonaccorsi, LLP. We are AV rated by Martindale Hubble, the highest rating possible.....Our firm provides legal services in the areas of civil litigation, personal injury, family law probate, living trusts, wills and estate planning, land use and real estate law, business law, landlord-tenant. Our clients range from individual to small businesses to large national corporations.
Property Damage
Our lawyers have handled many complex cases involving claims under environmental legislation such as NEPA, CERCLA, CEQA, and state and federal clean air and water laws, as well as disputes over insurance coverage for such claims. In addition, we are experienced in defending cases for toxic torts including claims for personal injury, property damage, and economic loss.
We handle a full range of cases in state and federal courts and before administrative agencies, with particular emphasis on business-related litigation and the defense of personal injury and product liability claims. We provide regional litigation counsel for a number of national companies and also handle a wide variety of cases for other clients with unique litigation needs.
Medical Malpractice
A civil law suit is a private suit between two or more entities (can involve individual persons, business or government entities) that generally involve infringement upon the rights and protections of individuals. Civil offenses (torts or breaches of contract) can vary greatly and include offenses ranging from a breach of contract or warranty, the unlawful taking of property, invasions of privacy, negligence, intentional and unintentional infliction of physical injury or emotional distress (personal injury) to severe rights violations such as gross negligence, medical malpractice and wrongful death.
Auto Accidents
Slip and Fall Injury
Personal injury lawsuits can be brought under a variety of circumstances. Personal injury lawsuits can be filed for car accidents, work injury, drug injury, medical malpractice, nursing home abuse, slip and fall injury, exposure to toxic materials, dog bite injury, and in cases of wrongful death. If personal injury caused death, personal injury lawsuits can be filed by a decedent's beneficiaries or dependants in order to seek compensation for damages.
Estate planning involves many considerations and various legal devices to make sure your heirs (beneficiaries) receive your property according to your wishes. This pamphlet is intended to provide you with general information about trusts, a popular - but sometimes complex - estate planning tool. The contents are based on trust statutes of the state of California, which were modified in 1984, and on the Tax Reform Act of 1986.
Wills
Trusts
Many kinds of trusts are available. Trusts may be classified by their purposes, by the ways in which they are created, by the nature of the property they contain, and by their duration. One common way to describe trusts is by their relationship to the trustor's life. In this regard, trusts are generally classified as either living trusts ("inter vivos" trusts), or testamentary trusts.