A Compendium of Recent Cases

Cases appear in chronological order, with the oldest case appearing first.

-Family Law-
Where property was acquired by wife in wife’s name only, property was presumptively wife’s separate property as a matter of law, but husband could rebut presumption by clear and convincing evidence of an agreement or understanding between spouses that property was to be held as community property or husband’s separate property. Fact that parties were married when wife acquired property had no bearing on whether spouses had an agreement or understanding regarding property. Presumption could not be overcome by tracing source of funds used to purchase property nor husband’s unilateral belief he owned property. Having a reason for allowing title to be taken solely in wife’s name did not diminish inference that parties intended property to be wife’s separate property.
     In re Marriage of Brooks and Robinson - filed December 16, 2008, Fourth District, Div. Two
     Cite as 2008 SOS 6705
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-Trusts and Estates-
Conservatorship proceedings are not criminal proceedings, so sua sponte duty to instruct on relevant issues of law which applies to jury trials in criminal cases does not apply. Where public guardian presented evidence that conservatee suffered from a mental illness and suffered delusional beliefs and auditory hallucinations, making medication necessary, and that conservatee often refused to take his medication, trial court order imposing conservatorship was proper. Trial court was not required to provide specific reasons for granting certain duties and powers to conservator and imposing disabilities upon conservatee on record.
     Conservatorship of George H. - filed December 16, 2008, Second District, Div. Five
     Cite as 2008 SOS 6759
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-Trusts and Estates-
Where testator attempted to devise residue of her estate to her sisters who predeceased her, California’s antilapse statute--which requires "issue of deceased transferee take in the transferee’s place" as provided by Probate Code Sec. 240, which requires residue to be "divided into as many equal shares as there are living members of the nearest generation of issue"--directed that intended devisees’ surviving adult children took by right of representation.
     Estate of Mooney - filed December 22, 2008, First District, Div. One
     Cite as 2008 SOS 6890
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-Trusts and Estates-
Trust beneficiary had standing to sue persons who allegedly participated in trustee’s breaches of fiduciary duty by inducing trustee to sell defendants trust property for less than fair market value, make risky and imprudent loans from the trust to a defendant and to businesses in which he had an interest, make risky and imprudent investments in businesses in which defendant had an interest, and give defendants trust property when they had no right to such property. Complaint for damages allegedly caused by defendants’ participation in breaches of duty by trustee of testamentary trust was not a probate matter but was related to pending probate petition, so whether to assign civil complaint to probate court was a matter to be resolved by local superior court rules. Replacement of allegedly breaching trustee by successor trustee does not deprive beneficiary of standing to sue persons who allegedly assisted breaching trustee.
     Estate of Bowles - filed December 22, 2008, Second District, Div. Five
     Cite as 2008 SOS 6911
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-Trusts and Estates-
A probate court may not, on principles of equity, disinherit a natural parent from distribution in child’s estate when child died intestate. Failure to pay child support or lack of a meaningful parent-child relationship does not affect parent’s rights as an intestate heir.
    Estate of Shellenbarger - filed December 29, 2008, Second District, Div. Six
     Cite as 2008 SOS 6957
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-Trusts and Estates-
Fact that trust instrument allowed trustees to designate additional beneficiaries did not preclude trial court from modifying irrevocable trust under Probate Code Sec. 15403, which permits such modification with consent of "all" beneficiaries. Modification of trust served a "material purpose" under Sec. 15403 by effectuating settlement among beneficiaries and assuring end to lengthy delay in distribution of trust assets.
    Boys and Girls Club of Petaluma v. Walsh - filed December 31, 2008,  First District, Div. Five
     Cite as 2008 SOS 111
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