John T Schreiber Law Offices

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Child Custody Attorneys, Attorneys, Bankruptcy Law Attorneys

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John T Schreiber Law Offices

Child Support
Obtained reversal of judgment on cross-appeal of judgment denying award of child support arrearages on grounds that release of mother's child support claims by mother's agent did not waive the mother's child support claims where father failed to detrimentally rely on release and affirmance of appeal of judgment holding that father failed to pay child support arrearages and that litigation privilege applied to recording of child support judgment lien.

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Categories: Child Custody Attorneys, Attorneys, Bankruptcy Law Attorneys, Family Law Attorneys

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Phone: (925) 831-1882

Address: 2000 Ridgewood Rd, Alamo, CA 94507

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John T Schreiber Law Offices

Child Support
Obtained reversal of judgment on cross-appeal of judgment denying award of child support arrearages on grounds that release of mother's child support claims by mother's agent did not waive the mother's child support claims where father failed to detrimentally rely on release and affirmance of appeal of judgment holding that father failed to pay child support arrearages and that litigation privilege applied to recording of child support judgment lien.
Child Custody and Visitation
St District Court of Appeal reversed a trial court order declining California's jurisdiction under the Uniform Child Custody Jurisdiction Act (California Family Code §§ 3400-3425) as an abuse of discretion. The case continues as precedent under the successor to the UCCJA, the Uniform Child Custody Jurisdiction Enforcement Act.
Adoption
Premarital Agreement
Unpublished decision filed November 18, 2014. Obtained reversal of judgment denying Epstein reimbursements and other reimbursements under the parties’ premarital agreement. The trial court failed to consider the principles underlying Epstein claims and the requirement for equal division of the community estate under Family Code § 2550 when my client presented the trial court with alternative means for doing so. Obtained affirmance of ex-husband’s cross-appeal seeking community interests in: the parties’ family residence; my client’s commercial property purchased via a § 1031 exchange with her separate property interest in commercial real estate, whether or not based on the parties’ premarital agreement; and the proceeds of my client’s personal injury settlement, not including lost wages.
Guardianship
A few days after my client sought to modify custody, the children's paternal grandmother, who had been looking after the children for the father (but who did not have a court order giving her custody), moved with the children to Tennessee. After my client finally located her ex-husband to serve him with her Order to Show Cause to Modify Custody, the grandmother filed a guardianship petition in Tennessee that did not reveal the existence of the pending California case. The trial court in California held a jurisdiction hearing. While that hearing was pending, Tennessee granted the guardianship petition. The trial court in California, Family Law Commissioner Josanna Berkow presiding, declined jurisdiction even though California still had jurisdiction over the matter and Tennessee did not.
Spousal Support
Unpublished decision filed December 27, 2002: Representing respondent, obtained affirmance of trial court judgment denying appellant's motion for a share of respondent's military retirement benefits subject to McCarty v. McCarty window period. Appellant sought to recover a community property share as omitted assets and to modify spousal support.

Fraud
Memorandum Decision filed December 27, 2011: Obtained reversal of District Court judgment of dismissal for clients under FRCP 12(e), 12(b)(6) of claims for relief under RICO and federal securities fraud, with supplemental state law claims.
Restraining Order
Appellant filed suit and obtained a temporary restraining order against further foreclosure activity. When Chase proceeded with sale after being served with TRO, Appellant moved for contempt, Chase's counsel stipulated to no further foreclosure activity pending the litigation. The trial court sustained Chase's demurrer without leave to amend, first as to Appellant's claims for negligence and fraud arising out of the loan modification process, then sustained Chase's demurrer without leave to amend as to Appellant's claims for Chase's violations of California's Rosenthal Fair Debt Collection Practices Act (Civil Code secs 1788 et seq.). Shortly after Appellant's case was dismissed, the First District, Div. 2 published a decision, Jolley v. Chase Home Finance, LLC, (2013) 213 Cal.App.4th 872, which allowed claims for negligent representation, negligence, and promissory estoppel in connection with a loan modification involving a construction loan, but which relied on authorities involving homeowners, not builders.

Easement
Land Use and Zoning

Personal Injury
John Schreiber practices civil appellate law in Walnut Creek, California. He is a Certified Specialist in Appellate Law, State Bar of California Board of Legal Specialization. In addition to his practice in California's state appellate courts, Mr. Schreiber is admitted to the 9th Circuit Court of Appeals and the United States Supreme Court bars. Mr. Schreiber's appellate experience reveals many victories, most of which were reversals. His successes include numerous published cases and involve a variety of issues: governmental, administrative, constitutional, business, real estate, family law, and personal injury matters. The Reported Cases and Additional Cases pages of this website provide some examples of the types of appeals Mr. Schreiber has successfully handled. Mr. Schreiber also writes articles and presents seminars on recent developments in appellate and substantive issues.

Foreclosure
Vanderkous obtained city approval of the lot line adjustment. Conley provided him with a signed authorization for the lot line adjustment twice before the City's approval expired, but Vanderkous never submitted the authorization to the City before the City's deadline. As per their settlement Conley also provided Vanderkous with easements for access and egress, and for utilities. Vanderkous recorded these easements. A fire then destroyed Conley's property. Vanderkous applied again for the lot line adjustment. This time the City required Conley's lender to approve the adjustment. The lender refused, even though the adjustment would increase, not decrease the size of the property. Without the lot line adjustment, Conley could not rebuild her residence and it went into foreclosure.
Debt Collection

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