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VOLUME 10 | NUMBER 11 | NOVEMBER 2015
 
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IN THIS ISSUE
 
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Did You Know?
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Recent Cases
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The Trusts and Estates Bulletin is published monthly by the Trusts and Estates Section, coeditors:

Jana Gordon Garrotto
Law Offices of Garrotto & Garrotto
jjggarrotto@msn.com

Stefanie S. Cutler
Bloom & Ruttenberg
scutler@bloom-ruttenberg.com

Richard A. Luftman
Richard A. Luftman, Attorney at Law
RLuftman@luftmanlaw.com

Roseann DeRosa
Law Office of Roseann DeRosa
roseann@rderosalaw.com
 
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Save the Date
 
Limited Conservatorship PVP Training Program
Attorney Training Symposium
Date: December 5, 2015

More information to be announced.
 
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Did You Know?
 

Did you know…on orders settling accounts,  the order must state, among other things, the beginning and the ending dates of the account period and must also contain a statement of the balance of property on hand as reflected in the summary of account and the amount of cash in the balance.  See, LASC Local Rule 4.29(d)(4)

Did you know…on orders involving real property,  the order must include a legal description of the real property, the street address (if applicable) and the Assessor’s Parcel Number.  See, LASC Local Rule 4.29(d)(3)

 
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Recent Cases
 
Civil Procedure
District court, which awarded less than half of attorney fees sought by prevailing claimant under the Civil Asset Forfeiture Reform Act of 2000, erred by--failing to give attorney’s hourly rate a presumption of reasonableness—ignoring the hourly rates discussed in three declarations from forfeiture experts—analogizing to fees paid for indigent criminal representation, contrary to CAFRA’s purposes of facilitating adequate legal representation for forfeiture claimants—finding that claimant’s claimed hourly fee should be lowered because much of the work could have been delegated to associates with lower billing rates at a large law firm—relying on an award almost nine years old in determining the prevailing market hourly rate—and reducing the award because it exceeded contingency fee that claimant had agreed to pay.
United States v. Moser - filed October 6, 2015
Cite as 2015 S.O.S. 13-55266
Full text http://sos.metnews.com/sos.cgi?1015//13-55266
When there are two fee shifting statutes in separate causes of action, there can be a prevailing party for one cause of action and a different prevailing party for the other cause of action.
Sharif v. Mehusa, Inc. - filed October 14, 2015, Second District, Div. Five
Cite as 2015 S.O.S. 4838
Full text http://sos.metnews.com/sos.cgi?1015//B255578
 
Trusts and Estates
Trial court erred in allowing attorney for potential conservatee to waive trial by jury on petition to establish conservatorship, where the potential conservatee objected to the waiver, and there was no express judicial finding that he was incompetent to decide whether he wished to waive jury trial.
Conservatorship of Kevin A. - filed October 1, 2015, Fifth District
Cite as 2015 S.O.S. 4708
Full text http://sos.metnews.com/sos.cgi?1015//F070914
Order authorizing trustee to use trust assets to defend against actions challenging disposition of the trust estate under an amendment to the trust was not erroneous.

The provision of the amendment that authorized the expenditures was not, as objector claimed, a no-contest clause requiring a determination that her challenges lacked merit and were brought without probable cause, nor was the court required to adjudicate the validity of the amendment prior to making the order.
Doolittle v. Exchange Bank - filed October 20, 2015, First District, Div. Three
Cite as 2015 S.O.S. 5000
Full text http://sos.metnews.com/sos.cgi?1015//A143422
 
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