Click for LACBA Trusts and Estates Section Newsletter Online Version
VOLUME 15 | NUMBER 8 | AUGUST 2020
 
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IN THIS ISSUE
 
Upcoming Events
>
Save the Date
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Special Announcements
>
Court News
>
Practitioner's Notes
>
In Memoriam
>
Recent Cases
>

 

The Trusts and Estates eBulletin
is published monthly by the Trusts and Estates Law Section, coeditors:

Jana G. Garrotto

Stefanie S. Cutler
Ruttenberg Cutler Broomer, LLP
scutler@lawrcb.com

Jessica G. Gordon
Thompson Coburn LLP
jgordon@thompsoncoburn.com

Trusts and Estates Executive Committee Officers:

Jana G. Garrotto, Chair
Deborah Keesey, Vice-Chair
Susan Barlevav Devermont, Secretary & Treasurer
Stefanie S. Cutler, Immediate Past Chair

 

 
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Upcoming Events
 

LACBA Trusts and Estates Lecture Series
Annual Trial Skills Lecture

Date: August 19, 2020, 12:30-1:30 p.m.
Location: Via Zoom Webinar, Los Angeles, CA

Speakers: Judge Clifford L. Klein
Vivian L. Thoreen, Esq. (partner at Holland & Knight LLP)
James H. Turken, Esq. (partner at Greenspoon Marder LLP)

1 hour of MCLE

Click here for more information

 
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Save the Date
 

September Symposium - Part 1
Premarital and Postmarital Agreements: 
What is Their Effect on Estate Planning?  

Date: September 23, noon to 1 p.m.
Location: Webinar

Description: A discussion about the ins and outs of estate planning when your client has entered into a premarital agreement or a postmarital agreement.
Presented by: Peter M. Walzer, Partner at Walzer & Melcher

More info to be announced.


CAC Fundamentals Training

Date: September 26
Location: Webinar

More info to be announced.


September Symposium - Part 2
"When Breaking Up is NOT Hard to Do”

Date: September 30, noon to 1 p.m.
Location: Webinar

Description: A discussion on trustee breakups and resignation and how to incorporate best practices for determining when the relationship needs to end.
Presented by: Julie Min Chayet, Managing Director, Private Client Advisor at Bank of America. 

More info to be announced.


 

We'd like to thank The Sanborn Team for their sponsorship of our events.

Sanborn-Team-Logo

 
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Court News
 

Riverside County Superior Court Extends Some Court Closures

Ventura County Superior Court Updates Re-Opening Guidelines

OC Superior Court Rolls Out Online Court User Portal for Traffic and Criminal Cases

San Bernardino Superior Court Begin Piloting Video CourtCall and Offering Live Audio Streaming for Court Proceedings

 
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Practitioner's Notes
 
If you are participating in an MSC via LaCourtConnect make sure that you and your client log into the system the same way (both by telephone or both by video) so the judicial officer can create a breakout room.
 
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In Memoriam
 
Our heartfelt condolences and sympathy to the family, friends and colleagues of retired Judge Marvin Lager, who passed away on July 13, 2020. After a career as a civil litigator in private practice, Judge Lager was appointed by Governor Pete Wilson to the Los Angeles Municipal Court and then elevated to the Los Angeles Superior Court. He served on many assignments during his distinguished 25 year career on the bench, most recently serving in the Probate Department. He will be very missed.
 
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Recent Cases
 
Civil Procedure

Interrogatory responses that indicated the answers could be found in certain identified documents may have been improper and warranted a motion to compel further responses, but they were not the equivalent of factually devoid discovery responses.

Bayramoglu v. Nationstar Mortgage LLC - filed July 1, 2020, Third District
Cite as 2020 S.O.S. 3343
Full text click here >

An expert declaration that a physician’s treatment was within the standard of care, but fails to elaborate upon or explain the basis for this conclusion, will not be sufficient to establish the nonexistence of a triable issue of material fact.

McAlpine v. Norman - filed July 8, 2020, Third District 
Cite as 2020 S.O.S.3374 
Full text click here >

Appellate review of the sufficiency of the evidence in support of a finding requiring clear and convincing proof must account for the level of confidence this standard demands; when reviewing a finding that a fact has been proved by clear and convincing evidence, the question before the appellate court is whether the record as a whole contains substantial evidence from which a reasonable factfinder could have found it highly probable that the fact was true; in making this assessment the appellate court must view the record in the light most favorable to the prevailing party below and give due deference to how the trier of fact may have evaluated the credibility of witnesses, resolved conflicts in the evidence, and drawn reasonable inferences from the evidence.

Conservatorship of O.B.-SC - filed July 27, 2020 
Cite as 2020 S.O.S. 3754 
Full text click here >

Family Law

Evidence Code §662 does not apply when it conflicts with the Family Code §760 community property presumption. When a married couple uses community funds to acquire property with joint tenancy title on or after Jan. 1, 1975, the property is presumptively community property under §760 in a dispute between the couple and a bankruptcy trustee; for property purchased before Jan. 1, 1975, the Legislature left intact a presumption that separate property interests arise from joint tenancy title. Joint tenancy titling of property acquired by spouses using community funds on or after Jan. 1, 1985 is not sufficient by itself to transmute community property into separate property; for joint tenancy property acquired between Jan. 1, 1975 and Dec. 31, 1984, the act of taking title as joint tenants is, in itself, insufficient to prove a transmutation but a court may consider the manner of taking title in determining whether the spouses had an oral agreement or common understanding. Joint tenancy property acquired with community funds before Jan. 1, 1975 is presumptively separate property.

In re Brace - filed July 23, 2020
Cite as 2020 S.O.S. 3706
Full text click here >

Real Property 

The beneficiary of an indisputably valid deed of trust on a property had no legal obligation to monitor the status of its title or to take affirmative steps to rid public records of improperly recorded documents relating to the property.

WFG National Title Insurance v. Wells Fargo Bank - filed June 12, 2020, publication ordered July 7, 2020, Second District, Div. Three
Cite as 2020 S.O.S.3392
Full text click here >

Although a purchaser may rely on the recorded chain of title, the purchaser may not ignore information that comes to him from outside the recorded chain of title, to the extent such information puts him on notice of information that reasonably brings into question the state of title reflected in the recorded chain of title; there is no authority requiring that an index search need be performed using a middle name as a first name.

Vasquez v. LBS Financial Credit Union - filed June 17, 2020, publication ordered July 14, 2020, Second District, Div. Seven
Cite as 2020 S.O.S. 3552
Full text click here >

 

 
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