Theodore “Ted” J. Fogliani, Esq., joins JAMS following an active and productive 43-year career as a highly regarded and respected family law attorney/litigator and mediator. Mr. Fogliani incorporated mediation into his litigation practice in 1978 and has continued to develop his mediation skills through ongoing coursework and specialized training.
In addition to family law/mediation, Mr. Fogliani practiced in the areas of civil, business and real estate from 1974 to 1985. This provided Mr. Fogliani with a useful background in his work as a family law attorney. During his extensive legal career, Mr. Fogliani handled and resolved a broad spectrum of complex, difficult and unique family law matters, along with many simple and routine cases.
Prior to becoming an attorney, Mr. Fogliani was an Executive/Operations Manager with Pacific Telephone Company in Los Angeles.
Mr. Fogliani believes in resolving disputes as expeditiously as is reasonably and prudently possible. He believes his role as a trained mediator/arbitrator is to listen carefully to each participant to gain an appreciation of the bases for their claims. Further, it is his role to carefully read, review and digest the written records, reports, documents, prepared statements, etc., with a view to understanding the intent and source of this information; to ask pertinent and probing questions to ascertain what is truly in play; and to develop, over a short period of time, equitable and workable solutions to all issues presented.
ADR Experience and Qualifications
- 43 years of experience as a family law attorney and mediator
- 3,500+ family law matters
- 1,500+ trials and hearings
- 500+ mediated cases with both represented participants and participants who represented themselves
- Extensive training in the application and use of mediation in dispute resolution
- Involved in early mediation education and training of family law attorneys at Stanford University with Professor Robert Mnookin beginning in 1978
- Trained in the use of collaborative law as a process to resolve family law disputes
Business Valuation / Property Division
- Represented litigants in over 1,200 matters involving the valuation and equitable division of community assets and debts. Included in this number are over 350 cases involving the carve-out of separate assets by one or both parties and the necessity for extensive discovery and tracing in some of these matters.
- Represented out spouse owner in a matter that covered a period of 14 years from initial filing to entry of judgment, which was settled (by stipulation) after a 12-day trial. Served as lead counsel for out spouse during entire matter. Case revolved around the payment of reasonable and permanent spousal support and the characterization and division of community and separate property corporate stock pursuant to the principles set forth in Marriage of Van Camp and Marriage of Pereira.
- Represented in spouse owner of a privately held corporation in connection with the adjudication of $70-million community estate. Matter was settled by parties with assistance of their respective counsel without involvement of a judicial officer.
- Represented wife in a complex and high-conflict marital dissolution (no minor children). Husband was mentally unstable and filed in excess of seven separate civil actions involving wife and their adult children over the ownership of the community business and characterization of wife’s significant separate estate. Husband eventually was assisted by a guardian ad litem, and case settled after three days at court-ordered MSC. Trial was estimated at 20 days.
- Represented several hundred clients in the sale of their commercial and residential properties as part of the division of their community estate. This involved an understanding of various financing instruments and secured loan transactions.
- Represented over 250 federal, state and local government employees in connection with the division of their community estate and their respective pension and retirement benefits.
Child Custody and Parenting
- Represented parents in over 1,100 child custody matters. Many required references to a child custody evaluator, minor’s counsel or a parenting plan coordinator to resolve. Worked with mental health professionals serving as consultants for clients.
- Represented parents in more than 40 “move-away” cases, including both interstate and intrastate jurisdictions.
- Represented parent in post-dissolution modification of the parenting plan in the landmark Santa Barbara move-away case, Marriage of McGinnis (1992).
- Represented parties in over 300 paternity cases, including the establishment of paternity and the payment of mandatory minimum guidelines child support.
- Mediated over 200 custody/parenting matters, many of which were deemed high-conflict cases.
- Represented litigants in child support matters covering the full range of difficulty and complexity, including the establishment of initial orders, subsequent review at the time of trial and post-judgement modification requests.
- Represented payee spouse in a matter that was appealed twice by the payor spouse, generating one unpublished opinion generally upholding the orders based on Marriage of DeGuigne and Marriage of Destein. Worked closely with appellate counsel in drafting and editing respondent’s briefs.
- Represented both payor and payee spouses in regard to high-income earners, which required extensive forensic assistance in determining both income available to pay support and the marital standard of living of the parties.
- Represented parties in over 60 cases establishing and enforcing child support for a disabled or mentally ill minor who received ongoing support following the child reaching majority.
- Represented litigants in collecting and defending collection of child support arrears.
- Represented over 900 parties in the establishment, modification and/or enforcement of spousal support orders. Represented clients in Santa Barbara, Ventura, Los Angeles, Orange and San Diego counties.
- Represented wife in support modification where husband’s earnings exceeded $200,000 per month. Matter was heard over a period of five months and required six days of trial. Case settled at voluntary settlement conference before the seventh day of trial.
- Represented wife where husband had retired earning $6,000 per month. Court ordered temporary support of $6,000 per month based on marital standard of living and husband’s use of separate retirement funds to maintain said standard.
- Represented both payor and payee spouses in negotiating temporary and permanent support orders involving the determination of income from wages, bonuses, the exercise of stock options and restricted stock units and income from family trusts.
Other Family Law Issues
Domestic violence restraining orders (DVROs)
- Represented litigants in over 150 DVRO matters, including ex parte applications and hearings.
- Represented a mother of two children whose husband caused self-inflicted injuries to his face before calling local police agency. Husband obtained ex parte orders and filed criminal charges for spousal battery. Mother obtained her own ex parte DVRO orders against husband. Criminal charges were dismissed against mother.
- Represented father of four children who was a victim of false allegations by mother/wife. Local police officer assisted mother in obtaining DVRO against father and subsequent “violations” based on perjured declarations. FBI became involved, and police officer was prosecuted and sentenced to four years in federal prison. Mother received probation. Father recovered low-seven-figure settlement from city’s police department
- Represented over 90 parties prior to marriage in the preparation of prenuptial agreements (PNAs) or the review of those agreements prepared by other counsel. Provided detailed written comments and subsequent negotiation of final terms.
- Assisted lead counsel in the preparation of a PNA for a client whose future husband had a $330-million estate and annual income in excess of $2,000,000.
- Prepared PNA for client with $15-million estate.