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A Compendium of Recent Cases

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

-Trusts and Estates-
Agreement that had no economic substance other than to avoid property tax liability was a sham document that could not be given effect. For a change in ownership to occur, there must be a transfer of legal title and of that transferor’s beneficial or equitable interests in that property. A party will hold an interest in the beneficial use of real property while another party holds legal title only in fiduciary situations. For purposes of property tax reassessment, a 100 percent change in ownership occurred when record title in property was transferred from one entity to another as an initial capital contribution to transferee’s parent company. Where transferor was entitled to receive distributions if transferee’s parent company made a profit and had a right to participate in certain management decisions, those benefits and rights derived from transferor’s membership interest in transferee’s parent company, not from transferred property, and thus transferor did not retain a beneficial interest in that property.
     Fashion Valley Mall, LLC v. County of San Diego - filed August 17, 2009, Fourth District, Div.One
     Cite as 2009 SOS 4956
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  -Trusts and Estates-
Petition by contingent remainder beneficiaries, seeking information with regard to how trustee who was also income beneficiary was spending trust funds, would not violate trust's no-contest clause.
     Salter v. Lerner  - filed July 28, 2009, publication ordered August 19, 2009, First District, Div. Three    
     Cite as 2009 SOS 5085
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