Click for LACBA Trusts and Estates Section Newsletter Online Version
VOLUME 17 | NUMBER 2 | FEBRUARY 2022
 
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IN THIS ISSUE
 
Upcoming Events
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Save the Date
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Practitioners' Notes
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Court News
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Recent Cases
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The Trusts and Estates eBulletin
is published monthly by the Trusts and Estates Law Section, coeditors:

Jana G. Garrotto
Lewitt Hackman
Jgarrotto@lewitthackman.com

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

Jessica G. Gordon
Gordon Trust Law
jessica@gordontrustlaw.com

Julie Birkel
Hill, Farrer & Burrill LLP
JBirkel@hfbllp.com


Trusts and Estates Executive Committee Officers:

Debbie Keesey, Chair
Susan Barlevav Devermont, Vice-Chair
Sarah Broomer, Secretary & Treasurer
Jana G. Garrotto, Immediate Past Chair

 

 
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Upcoming Events
 
2022 Trusts and Estates Lecture Series
Dog and Pony Show: Legislative and Case Updates

Date: February 11, 2022, 12:30 p.m. to 1:30 p.m

Speakers: Marshal A. Oldman, Esq., Oldman, Cooley, Sallus, Birnbaum and Coleman LLP
Marc L. Sallus Esq., Oldman, Cooley, Sallus, Birnbaum and Coleman LLP

Description: 1 hour of Gen. CLE credit.

The presenters will give an overview of the new legislation and caselaw in the area of Trust and Estates. Via Zoom Webinar.

Click here to register or for more information.

 
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Save the Date
 
A View from the Bench

Date: March 24, 2022, 12:15 p.m. to 1:15 p.m.

Via Zoom Webinar. More information to be announced.

 
 
Aviva Bobb Advanced CAC Training- A deep dive into 2022 changes in the Probate Code and L.A.S.C. Local Rules

Date: April 2, 2022, 9:00 a.m. to 12:30 p.m.

Via Zoom Webinar. More information to be announced.

 
 
2022 Trusts and Estates Lecture Series
The Importance of Subtrust Funding

Date: April 11, 2022, 12:30 p.m. to 1:30 p.m

Speakers: Willow A. McJilton, Esq., Willow Law Group ALC; Jacqueline D. Yu, Esq., The Law Office of Jacqueline D. Yu, P.C.

Description: 1.0 CLE credits.
A presentation regarding subtrust funding on the first and second death, as well as a discussion of the implications of subtrust funding on taxes, the step-up in basis, and beneficiaries’ rights. The speakers will also discuss common errors in subtrust funding.

Via Zoom Webinar. More information to be announced.

 
 
End-of-Life Decision Making

Date: May 23, 2022, 12:30 p.m. to 1:30 p.m.

Via Zoom Webinar. More information to be announced.

 
 
Ethics for Estate Planning Lawyers

Date: June 8, 2022, 12:30 p.m. to 1:30 p.m.

Via Zoom Webinar. More information to be announced.

 
 
GAL Training

Date: June 18, 2022, 9:00 a.m. to 11:00 a.m.

Via Zoom Webinar. More information to be announced.

 
 

We'd like to thank the following sponsors of our
Trusts and Estates Lecture Series.

manufacturers bank-178wsanborn-178wTrust Properties USA-178w

 
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Practitioners' Notes:
 
  • Minor’s compromises and lodging proposed SNT per LASC Rule 4.115 – Lodge proposed SNT with the Probate Court under the Civil case number and state civil hearing date for petition for compromise in Notice of Lodging. You cannot lodge proposed SNT by efiling. You must take a physical copy to Room 429 or mail it in. The lodging of the Proposed SNT is done in the Probate Court and the filing of the Notice of Lodging is done in the Civil Court.
  • Ex Partes - See L.A.S.C. Rule 4.12 regarding current Ex Parte Procedures

Please state the DATE of Noticed Applications next to the Caption

All Ex Partes are ruled upon without appearance at the Courthouse by the Bar or litigants.

PDF courtesy copies of Oppositions, Objections, or any other subsequent filing can be sent to ProbateExpartes@LAcourt.org. (Do NOT send initial applications)

  • PARENT CHILD REASSESSMENT EXCLUSION POST 2/16/21- Click here for Form BOE 19-P, Claim for Reassessment Exclusion for Transfer Between Parent and Child Occurring on or After February 16, 2021.
 
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Court News
 

Click here for LASC Notice to Attorneys as to Probate courtroom changes at Stanley Mosk Courthouse.

Click here for more information as to how to sign up to receive Text or Email reminders of upcoming Court dates with Court’s new Hearing Reminder Service.

 
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Recent Cases
 
Civil Procedure

Plaintiffs failed to establish prima facie case of specific jurisdiction over defendants where they did not demonstrate that the defendants had sufficient minimum contacts with the forum that were related to plaintiffs’ claims.; the district court properly denied the plaintiffs’ request for jurisdictional discovery with regard to the defendants’ contacts where the request amounted to nothing more than a hunch that discovery might reveal facts relevant to the jurisdictional analysis.

LNS Enterprises v. Continental Motors - filed Jan. 12, 2022
Cite as 2022 S.O.S. 20-16897
Full text click here >

Code of Civil Procedure §36 does not supersede California Rules of Court rule 3.504, which governs coordinated proceedings.

Isaak v. Superior Court (Syngenta AG) - filed Jan. 11, 2022, First District, Div. One
Cite as 2022 S.O.S. 96
Full text click here >

Costs related to unused photocopies of trial exhibits and demonstratives are not categorically recoverable under Code of Civil Procedure §1033.5(a)(13), but they may still be awarded in the trial court’s discretion pursuant to §1033.5(c)(4).

Segal v. Asics America - filed Jan. 13, 2022
Cite as 2022 S.O.S. 106
Full text click here >

A plaintiff was under no obligation to prove a defendant had a connection to an address at which documents were mail served; there is no requirement that service occur at the party’s residence, or a location with which they previously had, or subsequently have, a relationship; the burden is on the defendant to prove he was not served. A party who physically receives documents served by mail is not entitled to claim service was invalid because he did not retain or read all of the contents. The question of whether a defendant received service by mail is a question of fact, not law.

American Contractors Indemnity v. Hernandez - filed Jan. 11, 2022, Second District, Div. Eight
Cite as 2022 S.O.S. 117
Full text click here >

An attorney’s settlement demands were not protected speech where her escalating series of threats transformed what had been legitimate demands into extortion. An attorney’s revelations of damaging information about a business to its merger partner, made in furtherance of contemplated litigation, were protected by the litigation privilege and the anti-SLAPP statute.

Falcon Brands v. Mousavi & Lee - filed Jan. 27, 2022, Fourth District, Div. Three
Cite as 2022 S.O.S. 326
Full text click here >

Criminal Law and Procedure 

The state constitutional right to refuse medical treatment does not require appointment of a surrogate decisionmaker.

In re Terraza - filed Jan. 11, 2022, Fourth District, Div. Two 
Cite as 2022 S.O.S. 131 
Full text click here >

Evidence Code §1109 incorporates the Family Code §6211 definition of abuse for purposes of defining domestic violence

People v. Mani - filed Jan. 26, 2022, Third District 
Cite as 2022 S.O.S. 337 
Full text click here >

Evidence 

The because of test—which typically applies in the work-product context—does not apply to the attorney-client privilege context; the primary purpose test—which looks at whether the primary purpose of the communication is to give or receive legal advice—applies to dual-purpose communications.

In re Grand Jury - filed Jan. 27, 2022 
Cite as 2022 S.O.S. 21-55085 
Full text click here >

Family Law 

The first in time rule applies only when the court has acquired both in rem and in personam jurisdiction over both parties.

In re Marriage of Thompson - filed Jan. 27, 2022, Third District
Cite as 2022 S.O.S. 389 
Full text click here >

Insurance

A policy covering loss resulting directly from the use of any computer to fraudulently cause a transfer of that property from applied to a loss allegedly caused then the insured’s employee received a fraudulent email directing her to authorize a bank to initiate a wire transfer; the policy language covering loss of Money and Securities resulting from a Fraudulent Instruction directing a financial institution to transfer, pay or deliver Money and Securities also covered the alleged loss.

Ernst and Haas Management v. Hiscox - filed Jan. 26, 2022
Cite as 2022 S.O.S. 20-56212
Full text click here >

Probate

Federal and state law governing revocable inter vivos trusts, as well as public policy, require that the Department of Health Care Services receive reimbursement from a revocable inter vivos trust for the Medi-Cal benefits provided on behalf of a decedent before any distribution to its beneficiary.

Riverside County Public Guardian v. Snukst - filed Jan. 10, 2022, Fourth District, Div. Two
Cite as 2022 S.O.S. 83
Full text click here >

Real Property

A trial court did not abuse its discretion in denying a plaintiff’s claims for injunctive relief regarding the defendant’s trespass of ripping, removing, and excavating the soil on the plaintiff’s property pursuant to the doctrine of laches where the plaintiff was long aware that a fence was not on the boundary line and waited until after the defendant had already completed major excavation and leveling work, among other improvements, on the disputed property, to bring the boundary issue to the defendant’s attention; the court properly applied the relative hardship doctrine to deny injunctive relief also where the defendant invested substantial time, resources, and acumen in developing the land, which had previously been barren.

Johnson v. Little Rock Ranch - filed Jan. 3, 2022, Fifth District
Cite as 2021 S.O.S. 19
Full text click here >

A city could reasonably conclude that the short-term rental of a single-family dwelling has different impacts than the short-term rental of 20 or 50 or 100 rooms in a motel. A short-term rental of a single-family dwelling is a use customarily incident to use as a single-family residence.

Protect Our Neighborhoods v. City of Palm Springs - filed Jan. 7, 2022, Fourth District, Div. Two
Cite as 2022 S.O.S. 60
Full text click here >

In December 2012, there was no statutory duty of disclosure owed by a buyer’s broker to a seller of vacant land. A broker solely representing a buyer had no duty to disclose to the seller that the purchase price was too low.

Greif v. Sanin - filed Jan. 26, 2022, Fourth District, Div. Two
Cite as 2022 S.O.S. 350
Full text click here >

A lis pendens mailed to a partner qualifies as a lis pendens mailed … to the partnership.

J&A Mash & Barrel v. Superior Court (Tower Theater Properties) - filed Jan. 19, 2022, Fifth District
Cite as 2022 S.O.S. 226
Full text click here >

Torts

The mere number of occasions on which a defendant furnishes medical care is not dispositive to the question whether a substantial caretaking or custodial relationship required under the Elder Abuse Act has arisen. To be deemed a caretaker or custodian, a defendant does not need to assume responsibility for all of the elder’s needs; it must be determined, on a case-by-case basis, whether the specific responsibilities assumed by a defendant were sufficient to give rise to a substantial caretaking or custodial relationship. The provision of wound care to a decedent did not give rise to the substantial caretaking or custodial relationship required to establish neglect under the Elder Abuse Act, as wound care is not a basic need of the type an able-bodied and fully competent adult would ordinarily be capable of managing on her own; the fact that the decedent was dependent and vulnerable as a general matter does not mean that anyone who entered into her orbit and provided her with a service would have entered into a caretaking or custodial relationship with her.

Oroville Hospital v. Superior Court (Ambrose) - filed Jan. 26, 2022, Third District
Cite as 2022 S.O.S. 364
Full text click here

 
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