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VOLUME 13 | NUMBER 3 | MARCH 2018
 
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IN THIS ISSUE
 
Upcoming Events
>
Save the Date
>
Did You Know?
>
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
 
The Courts Top 10 Peeves

Date: March 16, 2018
Program: 12:00 -1:00 pm
Location: LACBA Conference Center

Program Description: Judge Klein and Judge Johnson of the Los Angeles Superior Court shall discuss their top 10 problems with probate and trust pleadings, accountings, and proposed orders and how to avoid them.

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
 
Trusts and Estates Reception

Date: May 9, 2018
Reception: 5:00-7:30 p.m.
Location: Omni Hotel
More information to come.

Fundamental/Refresher PVP Attorney Training

Date: May 26, 2018
More information to come.

 
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Did You Know?
 
Did you know...

Did you know you can review the materials from the 2/6/18 phenomenal Brown Bag “LPS Conservatorships & The Mental Health Court”.

 
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Special Announcements
 
Western Division Civil Intake and Records Department Relocated

Effective, Monday, February 5, 2018, the Western Division Civil Intake and Records Department will be permanently relocated to the Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Suite 180 (Terrace Level), Los Angeles, California.

Please view the Notice From the Clerk for additional information.

 
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Recent Cases
 
Family Law

Res judicata barred a child's biological father from asserting he qualified as a "Kelsey S. father" after he previously litigated the issue of whether he was the child's presumed father, even though the father argued a different legal theory of paternity in the prior proceedings, since both proceedings concerned the father's paternity status and the prior proceedings resulted in a final judgment on the merits. A judgment or order of the court determining the existence or nonexistence of a legal parent and child relationship is determinative for all purposes except for those brought under Penal Code Sec. 270. A biological father who does not have status as a presumed father also does not have "a claim to parentage" as required by Family Code Sec. 7612(c).

In re M.A. - filed Feb. 26, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 949
Full text click here >

In determining whether to renew a restraining order against a parent, the trial court properly considered the facts and circumstances underlying the initial restraining order, violations of the restraining order, whether circumstances had changed, and the relative burden on the restrained parent if the restraining order was renewed. The fact that the parent requesting the order did not allege an apprehension of future physical abuse was irrelevant and did not mean that the court could not evaluate whether her fear of such abuse was reasonable. A court could reasonably conclude that it was not in the best interest of a child for the child's father to attend his extracurricular events during the mother's parenting time where the father had previously used the child's extracurricular activities as a pretext to continue harassing and controlling the mother. The order modifying a parenting plan to prohibit the father from attending the child's extracurricular activities during the mother's parent time was not vague or overbroad.

Rybolt v. Riley- filed Jan. 31, 2018, publication ordered Feb. 26, 2018, Third District
Cite as 2018 S.O.S. 957
Full text click here >

Insurance Law

Party-selected appraisers must be regarded as arbitrators within the meaning of Evidence Code Sec. 703.5 and the admissibility of their declarations is limited to the four purposes specified in that statute.

Khorsand v. Liberty Mutual Fire Insurance Co. - filed Feb. 27, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 994
Full text click here >

Torts

A party who hires an independent contractor to do work on a property cannot be held liable for injuries resulting from open or known hazards the contractor could have remedied through the adoption of reasonable safety precautions, but he can be held liable when he or she exposes a contractor to a known hazard that cannot be remedied through reasonable safety precautions. Photographs and videos showing different people moving about on the roof of a building were insufficient to prove that a plaintiff could have reasonably done the same three years prior.

Gonzalez v. Mathis - filed Feb. 6, 2018, Second District, Div. Seven
Cite as 2018 S.O.S. 683
Full text click here >

 
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