- In This Issue -
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, firstname.lastname@example.org
Stefanie S. Cutler, Bloom & Ruttenberg
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December 12, 2013
2013 Legislative Update and
How to Avoid the Top 10 Probate Notes in 2014
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
|Probate Court Staff
|Paralegal or Law Clerk
|Trusts & Estates Section Member
1 hr CLE credit including Estate Planning, Trust and Probate Law Legal Specialization credit.
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 http://www.metnews.com/sos.cgi?1113//A137439
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 http://www.metnews.com/sos.cgi?1113//A136982
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 http://www.metnews.com/sos.cgi?1113//G048018
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 http://www.metnews.com/sos.cgi?1113//B243034
Los Angeles County Bar Association
2012-2013 Trusts and Estates Section Newsletter
Amy L. McEvoy
William L. Winslow
Kira S. Masteller
EXECUTIVE COMMITTEE MEMBERS
Julia L. Birkel
Jill A. Brousard
Stefanie S. Cutler
Kim D. Doering
Larry S. Dushkes
Jana Gordon Garrotto
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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