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Did You Know?
Recent Cases
Legal Developments
The Trusts and Estates Bulletin is published monthly by the Trusts and Estates Section, coeditors:

Jana Gordon Garrotto
Law Offices of Garrotto & Garrotto

Stefanie S. Cutler
Bloom & Ruttenberg

Richard A. Luftman
Richard A. Luftman, Attorney at Law

Roseann DeRosa
Law Office of Roseann DeRosa

Trusts and Estates Executive Committee:

William L. Winslow, Chair
Matthew W. McMurtrey, Vice-Chair
Julia L. Birkel, Secretary
Trudi Schindler, Immediate Past Chair

Denise T. Ambrosio
Aurora Basa
Susan Ellen Barlevav
Stefanie S. Cutler
Roseann DeRosa
Zachary Dresben
Yolande P. Erickson
Jana Gordon Garrotto
Sibylle Grebe
Duncan Hromadka
Stephen M. Lowe
Richard A. Luftman
Albert F. Mikulencak
Leigh Shipp Muniz
Mary L. O'Neill
John E. Rogers, Jr
Marc L. Sallus
Donald Scoggins

Ex Officio Members:
James R. Birnberg
Susan Jabkowski
Kira S. Masteller
Amy L. McEvoy
Jonathan L. Rosenbloom
Stuart David Zimring

Did You Know?

Did you know...if a signed probate order requires a Nunc Pro Tunc order, the procedure for obtaining the order is set forth in LASC Local Rule 4.29(f). The application for a Nunc Pro Tunc order does require the payment of a filing fee... so to save yourself money and time to get the NPT order...when preparing your probate order...check and re-check your work before submitting the probate order!

Recent Cases
Civil Procedure

Trial court committed an abuse of discretion by imposing an evidence sanction for plaintiff's alleged failure to respond completely to an interrogatory, where a narrow construction of the interrogatory compelled the conclusion that the answer was complete, and where the ostensible omission was neither willful nor a violation of a court order compelling a response.

Mitchell v. Superior Court (Johnson) - filed December 4, 2015, publication ordered December 22, 2015, Second District, Div. Four
Cite as 2015 S.O.S. 6074
Full text click here 


Trial court erred in vacating default judgment beyond the time limits set forth in Code of Civil Procedure Sec. 663a(b). Those limits are jurisdictional.

Garibotti v. Hinkle - filed December29, 2015, Fourth District, Div. Three
Cite as 2015 S.O.S. 6211
Full text click here 

Individual Rights

California regulation requiring confidential disclosure to the attorney general of an IRS form filed by charitable trusts does not violate the First Amendment rights of plaintiffs--who argued the requirement is unconstitutional as applied to them because it impermissibly burdens First Amendment rights to free speech and association by deterring individuals from financially supporting them. The attorney general has a right to collect this information for law enforcement purposes. District court did not abuse its discretion by preliminarily enjoining the attorney general from disclosing the filings to the public, given the breadth of that discretion and the attorney general's expressed intent not to disclose, whether enjoined or not.

Americans for Prosperity Foundation v. Harris - filed December 29, 2015
Cite as 2015 S.O.S. 15-55446
Full text click here


Internal Revenue Service properly denied refund claim by taxpayers who received and then sold stock derived from the demutualization of five mutual insurance companies from which they had purchased life insurance policies. District court's ruling that taxpayers had a calculable basis in the stock, and were therefore entitled to a partial refund, was error because taxpayers did not meet their burden of showing that they had in some way paid for the stock.

Dorrance v. United States - filed December 9, 2015, amended December 30, 2015
Cite as 2015 S.O.S. 13-16548
Full text click here 

Legal Developments

State Board of Equalization; Property Tax Department Summary of 2015 Property Taxes Legislation. Please click here to view.

Starting on Jan. 1, 2016, nurse practitioners and physician assistants—under the supervision of a physician and within their scope of practice—are authorized to sign POLST Physician Orders for Life Sustaining Treatment forms and make them actionable medical orders. Please click here to review AB 637 in effect January 1, 2016.


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