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

Jana Gordon Garrotto, Law Offices of Garrotto & Garrotto

Jacqueline M. Real-Salas, Law Offices of Jacqueline M. Real-Salas,

Stefanie S. Cutler, Bloom & Ruttenberg

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  An ePublication of the Los Angeles County Bar Association
Volume 8, Number 11  December 2013   Archive of Past Issues
Trusts and Estates Section Home Page

December 12, 2013

2013 Legislative Update and
How to Avoid the Top 10 Probate Notes in 2014

Program Information:
Join us for our annual Legislative Update program where James Birnberg and Joseph Gorman will summarize what you need to know about the 2013 California Legislative Updates. Also, learn directly from one of the Los Angeles Superior Court's Probate Attorneys about the top 10 probate notes and how you can avoid them. Get the information you need to have your petition recommended for approval the first time around in the new year.

Omni Los Angeles Hotel
251 South Olive Street 
Los Angeles, California 90012

Room: Watercourt Ballroom

$12.00 valet parking

Registration: 11:30 AM - 12:00 PM
Meal/Reception: 12:00 PM
Program: 12:30 PM - 1:30 PM


CLE+ Member - meal not included FREE
CLE+ Member $50.00
Probate Court Staff $50.00
Law Student $50.00
Paralegal or Law Clerk $65.00
Government Attorney/Employee $65.00
Trusts & Estates Section Member $65.00
LACBA Member $95.00
All Others $125.00
$700 Sponsor $700.00

1 hr CLE credit including Estate Planning, Trust and Probate Law Legal Specialization credit.

Recent Cases

Family Law-
When the court exercises its discretion to appoint appellate counsel for a minor in a situation where the minor has not appealed, it is improper for the appellate counsel to reverse the position taken by minor's trial counsel without authorization by the minor's guardian ad litem and/or an explanation as to how the reversal of position is in the child's best interests.
In re Felicity S. - filed October 31, 2013, First District, Div. Two
Cite as 2013 S.O.S. A137439
Full text

-Family Law-
Claim of defective notice under Indian Child Welfare Act of 1978 was not forfeited by reason of appeal being brought more than 60 days after juvenile court’s erroneous determination that ICWA did not apply. Because the ICWA notice claim was not collateral to the issue of guardianship, the issue was preserved and was properly before the Court of Appeal upon timely appeal of order granting guardianship petition. ICWA notice was insufficient where child’s grandmother, who claimed to be his "Indian Custodial Appointed Caretaker." Grandmother consistently claimed that child was of Indian heritage and identified two tribes to which the child’s father may have belonged--one of which was a federally recognized tribe that was not given notice of the proceedings.
Guardianship of D.W. - filed October 10, 2013, publication ordered November 5, 2013, First District, Div. Four
Cite as 2013 S.O.S. A136982
Full text

Healthcare Law-
Public defender lacked authority to pursue habeas corpus remedy on behalf of a developmentally disabled person living in a state developmental center as a voluntary admittee where neither the person nor her conservator sought such remedy and "very exceptional circumstances" did not exist--given that the placement had been subject to periodic judicial review for nearly 20 years, a hearing on the next periodic review had already been scheduled, and there was no showing that the conservator was not acting in her best interest.

The Lanterman Developmental Disabilities Services Act’s administrative fair hearing procedures do not deprive a trial court of jurisdiction to periodically review developmentally disabled petitioner’s placement.

Trial court properly refused to allow conservator to replace the public defender with a private attorney he retained to represent disabled petitioner as her independent counsel. Allowing the conservator to both seek the petitioner’s continued placement at a developmental center and select the counsel for the judicial review regarding that placement would render the petitioner’s right to independent counsel illusory, but the conservator may seek new appointed counsel for petitioner if he believes the public defender is not providing effective representation.
     Michelle K. v. Superior Court (Harbor Developmental Disabilities Foundation) - filed November 8, 2013, Fourth District, Div. Three
     Cite as 2013 S.O.S. G048018
     Full text

-Civil Procedure-
When a party has filed a notice of change of address that lists an address for a UPS store at which he rents a mailbox and states that "[a]ll notices and documents regarding the action should be sent to [that] address,"--personal service is effectuated by personal delivery of a notice of motion to the UPS store. Under Code Civ. Proc., Sec. 415.20(a), it is only when the usual mailing address is a United States Postal Service postal box that personal delivery to the mailing address does not constitute personal service. Service at a private or commercial post office box is allowed.
     Sweeting v. Murat - filed November 13, 2013, Second District, Div. Four
     Cite as 2013 S.O.S. B243034
     Full text


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

Amy L. McEvoy

Trudi Schindler

William L. Winslow

Immediate Past-Chair
Kira S. Masteller

Section Administrator
Brendan Tarnay


Julia L. Birkel
Jill A. Brousard
Jackson Chen
Stefanie S. Cutler
Roseann DeRosa
Kim D. Doering
Larry S. Dushkes
Jana Gordon Garrotto

Sibylle Grebe
Duncan Hromadka
Albert F. Mikulencak
Leigh Shipp Muniz
Mary L. O'Neill
Jacqueline M. Real-Salas
Marc L. Sallus

Liaison, Barristers Section, Lauren C. Liebes
Liaison, County Counsel, Susan Long, Deputy County Counsel
Liaison Public Interest, Yolande P. Erickson
Liaison, Beverly Hills Bar Association, Stefanie Cutler
Ex Officio, James R. Birnberg
Ex Officio, Susan Jabkowski
Ex Officio, Matthew W. McMurtrey
Ex Officio, Jonathan L. Rosenbloom

Ex Officio, Stuart Zimring

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