Author: Kristine Kirschke

Court of Appeal Affirms Herring Imming’s Trial Court Results, Protecting the Integrity of Adoptions

The Court of Appeal recently issued its written Opinion concerning a San Luis Obispo County Superior Court case in which Herring Imming successfully represented a biological mother and her wife toward protecting their pre-teen daughter. The case, now known as C.C. v. L.B. (24 DJDAR 10911 (11/26/24) (DCA2/6)), affirmed Greg and Ruston’s hard-fought trial court victory.

The facts involved a sperm donor (“donor”) who, shortly following the child’s birth, consented to a final written adoption order. The order (1) added the biological mother’s wife as the child’s second parent and (2) permanently waived the donor’s parenting, financial, and other rights to the child. The order expressly gave the child’s legal parents – the two mothers — but not the donor or the courts, the right to decide whether and with whom their daughter spends her time. Relying on this, the mothers over the years informally allowed the donor significant access to their daughter, and he and she developed a close relationship.

But as their daughter approached her teens, she reported he began acting strangely and abusively. Her reports would shock and alarm any parent. Her mothers protectively stopped the donor’s visits. At least initially, they sought a “time out” to investigate and allow their daughter time to process, heal, and establish some agency.

The donor aggressively responded. He filed suit, asserting “third parent” standing and demanding immediate full access and rights to the child. (California is one of a few states acknowledging third parents including when a partner of one of the biological parents becomes a legal parent through adoption.) As the case threatened to morph into a full-blown trial, the mothers retained Herring Imming.

Greg and Ruston pressed for pre-trial termination through a challenge to the donor’s “standing.” They argued he lacked the legal ability to bring suit in the first place since parenting laws do not allow him to ignore the consequences of the final adoption order including his waivers. The San Luis Obispo County trial court agreed. It dismissed the case, ruling the donor lacked any ability to establish parentage.

When the donor appealed, Herring Imming, with appellate specialist, Claudia Ribet, represented the mothers at the Court of Appeal.

In his thoughtful post-Opinion analysis, retired Judge Hank Goldberg (writing as an outside commentator) suggests, “[p]erhaps C.B. v. L.B holds that … the adoption order … terminates any future claim to custody or visitation.” We think so.

The Opinion has gained attention from same-sex adoptive parents and potential parents – and their considerable network of supporters and advisors. But its scope is not limited to same-sex adoptions. If a biological parent waives all rights through adoption orders absent a post-adoption contact agreement (“PACA”) (as was the case here), those waivers must be respected.

C.C. v. L.B protects the integrity of adoptions by confirming the rights of post-adoptive parents toward managing a donor’s post-waiver access – or not — to their adoptive child.

Best Wishes to Victoria Diffenderfer

I started my career with ten years of civil litigation (insurance defense for syndicates with Lloyds of London, and business and real estate disputes), then added my family law specialization onto that. Herring Imming attorney of one and a half years, Victoria Diffenderfer, has announced she is going to go the other way around! She is moving from our family law world into non-family law civil litigation. As of January 10, she will be leaving Herring Imming for another firm.

Victoria was typically gracious in reporting this – expressing thanks for the opportunities to learn and grow HI provided. Ruston and I, in turn, appreciate her brains, client communication skills, and hard work.

We wish Victoria the best going forward. We expect to see her shine as she forges her new path!

Taylor Fuller and The Teddy Bear Cancer Foundation

Tempus fugit. For five years, Herring Imming has been proud to call Taylor Fuller one of our tough, creative, and committed family law attorneys. From relative “rookie” then, to confident case leader now, she has developed impressive professional chops. Our clients have benefitted mightily.

Taylor offers so much more. She is a proud and committed member of the Board of Directors for the Teddy Bear Cancer Foundation (“TBCF”). It advocates for families in Santa Barbara, Ventura, and San Luis Obispo counties who have a child with cancer. It conducts vital work, providing essential financial, educational, and emotional support during what is often the most challenging time in their lives.

Her connection to TBCF is intensely personal. Taylor and local estate planning attorney, Andrew Miller (with Miller & Berryhill), became fast friends in law school. The year they graduated – 2017 — Andrew’s son, Henry, was diagnosed with leukemia. As Taylor now commits herself to our clients, she stood with Henry, Andrew, and wife/mom, Giana, through their difficult journey.

Taylor witnessed firsthand the strength, courage, and love that defined their fight against this devastating illness. She joined them At Cottage Hospital, watching the World Series, bringing meals, and offering endless support. She sat with them during long, anxious nights. She made herself simply “present” to listen.

Today, Henry is a healthy and active 9-year-old boy. His recovery is a testament to the power of hope, advancements in medical care, and the strength of community.

TBCF is presently preparing its flagship fundraising event, the Golden Gala. It marks the culmination of September’s Gold Ribbon Campaign in recognition of National Childhood Cancer Awareness Month. The event, scheduled for October 5th at the stunning Les Belles Fontaines Estate in Santa Barbara, promises to be an evening of celebration, reflection, and community. It is not only an opportunity to honor the remarkable families served, but for supporters to join in solidarity for a cause touching so many lives.

Herring Imming is a proud sponsor. We salute TBCF’s mission and work, as we applaud Taylor’s heart, soul, and enthusiasm.

For more information concerning TBCF, please reach out to Taylor at [email protected].

 

Herring Imming Facilitates another Successful Annual Trial Basics Seminar

Our Southern California Chapter of the American Academy of Matrimonial Lawyers recently presented its eighth annual Trial Basics Seminar (“TBS”). Herring Law Group (Herring Imming’s predecessor) founded the program in 2015. It has become a major annual educational event for California’s family law community. We are pleased to continually host eager and focused family law lawyers toward improving their courtroom skills.

It has been said that each family law case has different needs. We recognize the availability of various alternative courses of resolution. But we believe that if a case cannot be settled, then the consequence is that the courts are there to decide the issues. Our job is to be prepared to expertly litigate those cases to their logical ends.

HI believes tight trial skills directly generate settlements. There is nothing like a trial deadline, a list of pretrial tasks and issues, and capable counsel ready to “do what is needed” to generate settlement anxiety in an opposing party. We settle the vast majority of our cases because others know what we can do. We are not always in trial, and we actively fight to keep our clients out of it … but if it is unavoidable, we press for the win.

For TBS, we have been blessed each year by the active presence of family law guru and friend, Garrett Dailey, as our moderator. Garrett’s contributions to California family law through his Attorney’s Briefcase legal research and update service, annual Family Law Boot Camp, Family Law 101 presentation, and Year in Review seminars are unparalleled. His advocacy in the trial and appellate courts is legendary.

TBS is a fast-moving event. We gave a whopping 22 presentations throughout the day. Topics ranged from Pre-trial Discovery Planning to Appellate Considerations. Our audience of nearly 450 continually interacted with us via Zoom’s “chat” and “Q&A” features.

A couple weeks following the “main event” Zoom presentation, we held an in-person Practicum at Loyola Law School in downtown Los Angeles. Chris Melcher and Sandra Mayberry led that as always.

Sincere thanks to all who made it happen: Garrett, Chris, Sandra, Andrew Botros, Ryan Wedeking, Robert Benavente, Kyle Siems, Leigh Galyon, Claudia Ribet, and Justice Sheila Sonenshine (ret.). Supporting all of us was one of HI’s Legal Administrators, Kristiné Kirschke — without whom we could not have succeeded as we did. HI’s Greg Herring served as the annual Dean and as a presenter, too.

In the eight years we have presented TBS, we have educated over 1,500 family law attorneys throughout California! Making it all sweeter is that we present TBS at no cost to our students – not a cent has ever been charged! We provide substantial Mandatory Continuing Legal Education Credits to boot! It remains a huge pleasure and honor to continue serving, sponsoring, and facilitating TBS.