EMPLOYMENT LAW

 In a very complex employment - independent contractor relationship, our firm represented a plaintiff who refuted an ambiguous agreement that the referring entity/defendant was entitled to a commission from the total gross revenue generated, in violation of current California law.   

In a heavily contested "date of separation" trial, our client prevailed in securing his claimed date of separation vs. the other party's claimed date.   Mr. Buscemi was able to use the wife's own words which had previously been submitted to the court as an attempt to deflect any shared community property debts, against her in trial.   Those same words used by the spouse were found to be inconsistent by the court and the court agreed with Mr. Buscemi's client's version of the "date of separation."    

(OCSC Case name and case number are Confidential).  

California family law courts typically look at each spouse's living situation and whether or not the two of them are truly separated. Some of the factors the family court takes into consideration include whether the spouses

• continue to live under the same roof,
• continue to hold themselves out to the public including family and friends as married or separated,
• continue to merge their finances and support each other,
• file joint or separate income taxes,
• engage in sexual intercourse with each other, date others, and
• whether their private conduct is consistent with a couple of people who have had a final and complete break in their marital relationship.