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VOLUME 13 | NUMBER 1 | JANUARY 2018
 
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IN THIS ISSUE
 
Upcoming Events
>
Save the Date
>
Court News
>
Special Announcements
>
Recent Cases
>

 

The Trusts and Estates eBulletin
is published monthly by the Trusts and Estates Section, coeditors:

Jana Gordon Garrotto
Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP
jgarrotto@wrslawyers.com

Stefanie S. Cutler
Ruttenberg Cutler, LLP
scutler@ruttenbergcutler.com

Roseann DeRosa

Jessica Ghirardo Gordon
Thompson Coburn LLP
jgordon@thompsoncoburn.com

Trusts and Estates Executive Committee Officers:

Julia L. Birkel, Chair
Marc L. Sallus, Esq, Vice-Chair
Stefanie S. Cutler, Secretary & Treasurer
Matthew W. McMurtrey, Immediate Past Chair

 

 
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Upcoming Events
 

Guardian Ad Litem Mandatory Training For The Probate Volunteer Panel

Date: January 19, 2018
Program: 12:15 - 1:15 pm
Location: LACBA Conference Center

Program Description:
Guardians ad Litem ("GALs") are playing an increasingly frequent role in probate matters. Our speakers will discuss what a GAL is and how one is appointed, compensated and discharged. They will also describe the role of a GAL, as distinguished from that of a PVP attorney. This program satisfies the Los Angeles Superior Court's training requirement for guardian ad litem appointments from the Probate Volunteer Panel.

Click here for more information and to register

 

Trusts and Estates Brown Bag:   LPS Conservatorships, Mental Health Court

Date: February 6, 2018
Speakers: Judge Stratton, Vince Lombardo  Moderator: Deborah Keesey
Registration:  11:45 a.m. - 12:15 p.m.
Program:
12:15 p.m. - 1:15 p.m.
Location:  Los Angeles Superior Court
Special Events Center (Old Department 1, Room 222)
111 North Hill St.

Click here for more information and to register

 

We'd like to thank The Sanborn Team for their sponsorship of our events.

Sanborn-Team-Logo

 
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Save the Date
 

3/15/18
Trusts and Estates Litigation CLE at LACBA

More information to come.

 
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Court News
 

Our congratulations to the Honorable Robert S. Wada who has been appointed to Los Angeles County Superior Court.

Judge Wada has previously served as commissioner at the court, where he served as supervising probate attorney from 2011 to 2016, a commissioner from 2008-2011, and a probate attorney from 1997-2008.

 
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Special Announcements
 

Public Notice regarding Senate Bill (SB) 2 and additional charges for recording at the Los Angeles County Registrar Recorder effective January 1, 2018.

Click here for more info.

 
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Recent Cases
 
Civil Procedure

A mutual settlement for consideration reached by both parties which expressly preserved certain claims for appeal constitutes a valid final judgment.

Brown v. Cinemark USA, Inc. - filed Dec. 7, 2017
Cite as 2017 S.O.S. 16-15377
Full text click here >

A consent judgment, entered pursuant to a settlement agreement between the parties, is not appealable absent an acknowledgment that the parties were expressly contemplating further court proceedings on a discrete issue that was not resolved at the time of entry of judgment. A trial court's authority under Code of Civil Procedure Sec. 664.6 does not allow it to summarily enforce the terms of a settlement agreement as applied to new disputes that arise after a final judgment is entered.

Howeth v. Coffelt - filed Nov. 30, 2017, publication ordered Dec. 8, 2017, Fourth District, Div. One
Cite as 2017 S.O.S. 6053
Full text click here >

Constitutional Law

A property owner seeking to profit from facilitating and providing a commercial space for weddings was a wedding "vendor" with standing to bring a facial First Amendment challenge a county zoning ordinance requiring it to obtain a conditional use permit to use its property for weddings. The zoning ordinance--which imposed no definite standards on permit decisions nor any limitation on the time period within which a permit must be approved--provided unbridled discretion on permitting officials in violation of the First Amendment.

Epona, LLC v. County of Ventura - filed Dec. 7, 2017
Cite as 2017 S.O.S. 17-55472
Full text click here >

Family Law

The statute of limitations set forth in Family Code Sec. 1101 applies to breach of fiduciary duty claims filed after the death of a spouse instead of the general statute of limitations in Code of Civil Procedure Sec. 366.2 and Sec. 366.3.

Yeh v. Tai - filed Dec. 21, 2017, Second District, Div. Five
Cite as 2017 S.O.S. 6386
Full text click here>

Real Property

When a complaint seeks a temporary stay of foreclosure pending review of a loan modification application pursuant to the California Homeowners Bill of Rights, neither the value of the property nor the amount of the indebtedness constitutes the amount in controversy related to that injunctive relief.

Corral v. Select Portfolio Servicing - filed Dec. 27, 2017
Cite as 2017 S.O.S. 15-16574
Full text click here >

 
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