- In This Issue -


The Trusts & Estates Bulletin is published monthly by the Trusts & Estates Section, coeditors:

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

Jacqueline M. Real-Salas, Law Offices of Jacqueline M. Real-Salas, jackie@realsalaslaw.com

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

Nelson J. Handy, Fiduciary Law Services, Inc., nelson@fidls.com


Become a Sponsor of the Trusts and Estates Section

Reach your target audience by becoming a sponsor of the Trusts and Estates Section. Please contact
Jacqueline M. Real-Salas
to discover the sponsorship opportunities.

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Coming Events

EVIDENCE AND TRIAL SKILLS PROGRAM FOR TRUSTS AND ESTATES ATTORNEYS

Remember the 9:30 a.m. Sports Law class you took instead of Trial Advocacy at 8:00 a.m.? Not too useful, now that, contrary to your best-laid plans, you are trying cases in Probate! This training program erases yet another life regret by providing a thorough overview of the Rules of Evidence (expert and lay opinion, hearsay, witness qualifications, and more), as well as courtroom skills and trial procedures (calling witnesses, marking exhibits, using demonstrative evidence). Breakfast will be served, and no final will be given. It really does not get much better.

SPEAKERS
Hon. Reva Goetz
Professor Laurie Levenson
Gabrielle Vidal, Esq.
Nicholas Van Brunt, Esq.

DATE, TIME & PLACE
Saturday, March 9, 2013
9:00 a.m. - 12:30 p.m. (Registration and Breakfast at 8:30 a.m.)

Loyola Law School 919 Albany Street, Los Angeles, CA 90015 Parking on-site

CREDIT, PRICING AND REGISTRATION
3.25 hours MCLE credit
Non-LACBA members: $180
LACBA members: $150
LACBA Trusts & Estates Section members: $120
Government/public interest attorneys and law students: $90
Registration through calendar.LACBA.org


PORTABILITY AND OTHER PLANNING CONSIDERATIONS FOR SMALLER ESTATES UNDER ATRA

Two experienced estate planers will discuss how their advice to clients with smaller estates has changed (or remained the same) following the American Tax Relief Act of 2012.

SPEAKERS
Carol A. Johnston, Partner, Katten Muchin Rosenman LLP
Nancy B. Reimann,Sheppard Mullin Richter & Hampton LLP

DATE, TIME & PLACE
March 21, 2013 12:00-12:30 PM: Registration
12:00-12:30 PM: Meal/Reception
12:30– 1:30 PM: Program

Cathedral of Our Lady of the Angels
Conference Center
555 West Temple Street Los Angeles, CA 90012
Parking: $8.50 per vehicle
Enter parking garage from Temple

CREDIT, PRICING AND REGISTRATION
1 hour CLE credit, including 1 hour specialization in Estate Planning, Trust and Probate Law

CLE+ Members - meal not included: FREE
CLE+ Members: $50
Probate Court Staff: $50
Law Student: $50
Government Employee: $65
Paralegal or Law Clerk: $65
Trusts & Estates Section Member: $65
LACBA Member: $95
All Others: $125
Sponsor: $700

Save the Dates

April 4, New Admittees Reception at the Biltmore Hotel

April 2013, Handling Limited Conservatorships for Developmentally Disabled Adults, Lancaster (Date TBA)

May 11, at the Sheraton Delfina Santa Monica: the Annual Mandatory/Refresher PVP Training Program. Speakers and topics TBA

June 3, Tentative date for Probate Court Reception

June 20, Tentative date for Lunch Program: A View from the Bench, 2013, Probate Department, Los Angeles Superior Court

(More details to come)

Special Announcements

State Board of Equalization Change in Ownership Exclusion- Cotenants
Click Here to Read.

A Compendium of Recent Cases

NINTH U.S. CIRCUIT COURT OF APPEALS

Evidence
In civil rights action by estate of person whose death following release from detention was alleged to have been caused by an unreasonable search and seizure at defendants' jail, exclusion under hearsay rule of testimony by deceased's sister as to what deceased told her of events at jail was erroneous, because the testimony was offered to show the impact of those events on the deceased's mental state rather than to prove the truth of what he said. When plaintiff asserted a claim that defendants' policies, including requiring male inmates to wear pink underwear, constituted punishment without legal justification and thus violated due process, it was an abuse of discretion for district court to exclude references to the color pink from testimony.
Wagner v. County of Maricopa - filed November 16, 2012, amended February 13, 2013
Cite as 10-15501
Full text http://www.metnews.com/sos.cgi?0213//10-15501


CALIFORNIA COURT OF APPEAL

Trusts and Estates
Mother of conservatee lacked standing to appeal orders when the interests asserted on appeal were those of the conservatee and not the mother.
Conservatorship of Gregory D. - filed March 5, 2013, Second District, Div. Three
Cite as B237896
     Full text http://www.metnews.com/sos.cgi?0313//B237896


Modification
Allen v. Stoddard - filed February 1, 2013, Fourth District, Div. Three
Cite as G046460M
     Full text http://www.metnews.com/sos.cgi?0213//G046460M


Evidence
The limitation on the fraud exception to the parole evidence rule as set forth in Bank of America Assn. v. Pendergrass, 4 Cal. 2d 258 (1935) was ill-considered and is overruled.
Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association - filed January 14, 2013
Cite as 2013 S.O.S. 137
Full text http://www.metnews.com/sos.cgi?0113//S190581



Individual Rights
A "mentally retarded" person could not be involuntarily committed under former Welfare and Institutions Code Sec. 6500 where there was no substantial evidence that he had a dangerous lack of self control resulting from his disability.
People v. Cuevas - filed January 28, 2013, Sixth District
Cite as H037182
     Full text http://www.metnews.com/sos.cgi?0113//H037182



Torts
Doctrine of assumption of the risk bars negligence claims of home health care worker who suffered injury when an elderly Alzheimer’s patient attacked her.
Gregory v. Cott - filed January 28, 2013, Second District, Div. Five
Cite as B237645.
Full text http://www.metnews.com/sos.cgi?0113//B237645


Back to Top

Los Angeles County Bar Association
2012-2013 Trusts and Estates Section Newsletter

SECTION OFFICERS
Chair
Kira S. Masteller

Vice-Chair
Amy L. McEvoy

Secretary/Treasurer
Trudi Schindler

Immediate Past-Chair
Stuart D. Zimring

Section Administrator
Brendan Tarnay

EXECUTIVE COMMITTEE MEMBERS

Ronald Berman
Jill A. Brousard
Jackson Chen
Stefanie S. Cutler
Kim D. Doering
Larry S. Dushkes
Kenneth A. Feinfield
Jana Gordon Garrotto
Sibylle Grebe

Duncan Hromadka
Diane Y. Park
Jacqueline M. Real-Salas
Sandra (Sandy) R. Riley
Myer J. Sankary
Gabrielle A. Vidal
Caroline C. Vincent
William L. Winslow


SUB-SECTION MEMBERS
Liaison, Barristers Section, Lauren C. Liebes
Liaison, Beverly Hills Bar Association, Trudi Schindler
Liaison, County Counsel, Susan Long, Deputy County Counsel
Liaison Public Interest, Yolande P. Erickson
Ex Officio, James R. Birnberg
Ex Officio, Susan Jabkowski
Ex Officio, Thomas H. Kenney
Ex Officio, Matthew W. McMurtrey
Ex Officio, Jonathan L. Rosenbloom