Here are some of the decisions where Merritt has successfully appealed decisions by a trial court. Most of these are unpublished, and cannot be cited in briefs to the Court.
Marriage of Rosendale - Depublished after Review by the Supreme Court of California, which dismissed Review. Premarital Agreements, and why they cannot be “rubber stamped” by the trial court without review by the trial court to see if they are “unconscionable” at the time of trial.
Wilson v. Shea - Child Support and credits for travel for visitation – published, may be cited. Important for parents who pay for transportation to visit the children; the court may reduce child support as travel costs can be part of support.
Marriage of Pemberton - Unpublished, Writ Petition granted after trial court ruled mother’s pregnancy was “voluntary” and that she should pay support based on pre-pregnancy income; not her disability income. Reversed and remanded.
Marriage of Gilliland - Unpublished, appeal of a decision where the trial court refused to hear a case where the dad had quitclaimed title to the family home over to mom after getting a waiver of child support. Child support commissioner ruled the agreement was in violation of public policy, and void. Dad has a claim to the family home, as the court must hear the case.
Marriage of Leitke - Reversal of a move-away case. Parental Alienation by dad caused Court of Appeal to reverse and remand for further proceedings.
Marriage of Yau - Affirming a trial court’s decision to impute income to a dad who gambled away the refinance money from a home, and was unemployed and underemployed.
McKeon vs. Santa Claus - This is just for fun. Merritt’s Uncle Patrick (Alfred Patrick McKeon) started Santa Claus Lane in Carpenteria, California, with Merritt’s Uncle Gilbert, her father Richard, and Aunt Mereon Provost. Uncle Pat sued Santa Claus, and won. It was upheld on appeal because, in part, Uncle Pat was so “credible” or believable at trial. This is a very nice way to smile if you’re in the middle of difficult family law problems – Yes, Virginia, there is a Santa Claus. And yes, he can be successfully sued, if necessary
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