Inconsistency of Laws Fetal Homicide and Abortion Fetal Homicide 38 states treat the unlawful killing of an unborn child as homicide.  Read Fetal Homicide Laws. California Penal Code § 187(a) says, “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.”  187 Murder defined. In People v. Davis (1994) the California Supreme Court interpreted “fetus” to apply “beyond the embryonic stage of seven to eight weeks.”   They also held that the viability of a fetus is not required for a murder conviction. That case was about a pregnant woman (23-25 w ..read more

EMTALA and Biden Abuse of Power Post Dobbs This week, the Supreme Court heard Idaho’s case against Biden.  In a nutshell, after Dobbs decision, state courts had the right to regulate abortion. Idaho’s trigger law went into effect. Idaho law contains a clause that allows abortion if necesary to prevent the death of the pregnant woman, or in cases of rape or incest That wasn’t good enough for the Biden Pro-Abortion Administriation.  They stepped in and obtained an injunction against Idaho, using EMTALA to allow abortions, overriding state law.  The injunction was appealed (see St ..read more

Title IX Revised Bye Bye Womens Rights Protecting Women’s Rights In 1972 (52 years ago), Title IX was enacted to protect women against discrimination in education. Erasing Women’s Rights Today, the Biden Administration rolled out the newly revised Title IX, which includes “gender identity” as a protected status.  The revisions prohibit disparate treatment based on sex identity.   Oppoents of the revisions say this will permit locker rooms and bathrooms to be based on gender identity Basically, the rights of those who pretend to be women will be elevated over women. Due Process ..read more

Democrats Reject SB1414 Which Makes Buying Sex with Children a Felony What is wrong with California Senate Democrats? I am continually appalled at how little California Senate Democrats care about children.  Last year, they blocked SB 14, which would make selling children for sex a felony. Every time I try to believe they actually have good reasons for allowing mutilation of children, or forcing teachers to hide information from parents, or other nonsense, they go and do something like this. The latest law, bipartisan SB 1414, drafted by Republican Senator Shannon Grove protects children ..read more

Embryos and Divorce According to the National Embryo Donation Center, there exists a million frozen embryos in the United States. Below is a question that is increasingly occurring in modern day divorces. (Inconceivable pun intended in the early years of my law practice – I’ve been doing this for almost 25 years) . Who Gets the Frozen Embryos in Divorce? As with all things family law – it depends.  The law is not clear on this – and it differs from state to state. Where there exists frozen embryos created during marriage, the options at time of separation/divorce are the following: award ..read more

Jones v Combs Complaint Sharing an interesting article from Epoch Times Before Complaint Filed, Parker Said He Knew Trouble was Brewing Before R&B singer Casandra Ventura filed her civil lawsuit against Sean “Diddy” Combs, retired New York Police Department (NYPD) detective Derrick Parker said he knew trouble was brewing for the music mogul. “I wasn’t surprised,” Mr. Parker told The Epoch Times. “I’m in touch with industry people, music executives, celebrities, and the streets do a lot of talking, too.” March 25 Raid on Diddy On March 25, Mr. Combs’s Los Angeles and Miami properties were ..read more

He is not here; he has risen, just as he said Risen From the Dead Ever since I decided to follow Jesus publicly, I have witnessed miracles – hearts unfolding like flowers before Him. Last year, one of my clients (in his 60’s) and I were discussing Jesus’s resurrection while I was looking through his Preliminary Declarations of Disclosures.  Though he often heard the story told in Sunday School and in church, the truth was hidden. Then, in the middle of analyzing the character of his pre-marital stock options, he asked me: Have you ever stopped to think how INCREDIBLE this story is?  ..read more

Family Law Buzzwords Family law terms are confusing.  Abbreviations like ATRO, CCP, RFO – what do they mean? Below are some common terms seen on family law documents and heard in family law courts. ATRO = Automatic Temporary Restraining Orders Automatic temporary restraining orders are found on page 2 of the Summons. These are things that you cannot do once the divorce has been filed. ATRO The Automatic Temporary Restraining Orders are Family Code 2040, which states: 2040. (a) In addition to the contents required by Section 412.20 of the Code of Civil Procedure, the summons shall contain ..read more

Can Birth Mom Change Mind? You are a birth mother who’s agreed to place your baby for adoption. When Can I Change My Mind? You may change your mind at any time prior to signing consent papers. See Consent to adoption. After papers are signed, in private adoptions, you have 30 calendar days after signing the consent to change your mind. However, if you signed a Waiver of Right to Revoke Consent Independent  or Waiver of Right to Revoke Relinquishment in front of a judge, your consent is immediately irrevocable, and you cannot change your mind. If you signed a Waiver of the Right to Revoke ..read more

I’m Not Married, Does the Father of Baby Have Rights? The rights of the baby’s father is dependent on several factors. The answer to this very tricky question delves deep into parentage law.  Remember, any information you read on the internet is just information, NOT legal advice.  It’s best to consult an attorney! If You Are Married If you are married, you fall under Family Code 7540 Conclusive presumption as child of marriage exceptions, which states: (a) Except as provided in Section 7541, the child of spouses who cohabited at the time of conception and birth is conclusively pre ..read more