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To: Defiant
Good points; glad to hear from a CA attorney. So many questions. How does community property pass in CA, as a general rule?

Yes, Geragos can be a jerk (he can force himself) and go after the Rochas for everything they took; however, I don't think Geragos will be a jerk unless he is well-paid for it! I think he probably has a separate, higher, scale of fees for "jerk"-level representation!

And yes, he could try a suit against the police, but good luck with the immunity provisions. AND I wonder if, given the DA's refusal to entertain a prosecution of the Rochas, Geragos might claim that the DA cannot fairly prosecute this case?
834 posted on 06/02/2003 2:27:03 AM PDT by Devil_Anse
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To: Devil_Anse
How does community property pass in CA, as a general rule?

Community property means that all income earned within the marriage is owned equally by the spouses, and all property bought with CP funds is also CP. There is a presumption that property owned by a married person is CP, but that can be overcome by a showing that it was owned before the marriage, or given to a spouse by someone as their separate property (like an inheritance).

When a married person dies without a will, their property (which is a 1/2 interest in their community property) passes to their heirs. When a married person dies childless, their only heir is their spouse, and all the CP would therefore pass to the spouse.

If Scott becomes ineligible to inherit from Laci because he is proven to have killed her, then the succession would go to Laci's parents, then her siblings, and then you get into cousins, uncles, etc.

Police are immune from suit for most things, but I think you could get to a jury on a cop intentionally allowing a person to rob another person.

866 posted on 06/02/2003 9:00:46 AM PDT by Defiant (Bush as philosopher: "I-raq, therefore I-ran.")
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