Click for LACBA Trusts and Estates Section Newsletter Online Version
VOLUME 12 | NUMBER 1 | JANUARY 2017
 
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IN THIS ISSUE
 
Upcoming Events
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Save the Date
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Did You Know?
>
Court News
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Special Announcements
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In Memoriam
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Recent Cases
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Legal Developments
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The Trusts and Estates Bulletin
is published monthly by the Trusts and Estates Section, coeditors:

Jana Gordon Garrotto
Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP
jgarrotto@wrslawyers.com

Stefanie S. Cutler
Bloom & Ruttenberg
scutler@bloom-ruttenberg.com

Roseann DeRosa

Jessica Ghirardo Gordon
Thompson Coburn LLP
jgordon@thompsoncoburn.com

Trusts and Estates Executive Committee Officers:

Matthew W. McMurtrey, Chair
Julia L. Birkel, Vice-Chair
Marc L. Sallus, Esq, Secretary & Treasurer
William L. Winslow, Immediate Past Chair

 

Members:
Susan Ellen Barlevav
Aurora Leigh Perez Basa
Steven P. Beltran
Roseann DeRosa
Zachary Dresben
Jana Gordon Garrotto
Sibylle Grebe
Duncan Hromadka
Deborah Keesey
Patricia A. Lobello-Lamb
Stephen M. Lowe
Richard A. Luftman
Mary L. O'Neill
John E. Rogers, Jr.
Donald L. Scoggins
Lisa Greta Wick

Barristers Liaison
Jessica Ghirardo Gordon

County Counsel Liaison
William C. Sias

Public Interest Liaison
Yolande P. Erickson

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




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Upcoming Events
 
Brown Bag: The Interaction Between Spousal Property Petitions and the Administration of an Estate
January 18, 2017

Please join us for our January 18th Brown Bag in Room 222 of the Stanley Mosk Courthouse from 12:30 pm to 1:30 pm (check-in begins at 12:00 pm). Presented by The Honorable David J. Cowan and Probate Attorney Dean Silliman. Moderator: Deborah Keesey.

Attendees will receive 1 MCLE credit. This event is free. You may sign up at the door or register at lacba.org.
> read more
 
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Save the Date
 
Brown Bag: Understanding and Using Pooled Special Needs Trusts for Clients of Modest Means
February 15, 2017
More info TBA

Brown Bag: A Lawyer's Search for the Right Estate Plan
Co-sponsored with the Senior Lawyers Section
March 9, 2017
More info TBA

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Did You Know?
 

Did you know… if you submit a proposed order without a means to return (i.e. self-addressed stamped envelope, attorney service slip) then the Court has no way of sending your document back. The Court does not pay postage fees to send these documents back. When submitting a proposed order, drop off ex parte, etc, please make sure to always include a means to return the documents.

Did you know… when filing a Petition for Appointment of Conservatorship that if you provide your email address on the pleading, you will be notified by email when a PVP attorney is appointed. The Court is enhancing its technology and including email addresses on your pleadings should be the norm.

 
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Court News
 

Judge David J. Cowan has been appointed Supervising Judge of the Probate and Mental Health Depts.

 
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Special Announcements
 

As of November 30, 2016, the leginfo.ca.gov website will no longer be updated. Please use the new California Legislative Information website located at http://leginfo.legislature.ca.gov/. This site has been updated to include legislative publications starting with the 2017 session and forward. A "Daily Updates" report feature has been added. The report displays, by house, measures for which there was activity the previous day such as new analyses, hearings, placement on the Daily File, amendments, History actions, or votes. Measures prior to 1999 can still be found at http://leginfo.ca.gov which will remain as an archive for legislative information.

 
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In Memoriam
 
It is with sadness that we inform you that LASC Probate Attorney Steve Saito passed away on January 5, 2016, after suffering a stroke. Steve Saito had served as a Probate Attorney since 1991. He will be very missed. Our condolences to his wife Deborah, family, friends and colleagues. Should you wish to make a contribution in his honor, his family requests that it be made to the Japanese American National Museum.
 
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Recent Cases
 
Trusts and Estates

Probate conservatorships, unlike Lanterman-Petris-Short Act conservatorships, do not require a personal waiver of the conservatee's right to a jury trial, because the proceedings pose no threat of confinement and are conducted "according to the law and procedure relating to the trial of civil actions, including trial by jury if demanded by the proposed conservatee."

Conservatorship of B.C.—filed Dec. 16, 2016, Second District, Div. Six
Cite as 2016 S.O.S. 6504
Full text click here>

 
Real Property

Discovery is available in proceedings under the precondemnation statutes, but trial court's erroneous ruling to the contrary was harmless where parties that sought discovery made no assertion of prejudice. Whether lessees and easement holders were indispensable parties in precondemnation proceedings was moot where landowners, who raised the issue, received all of the relief the courts could grant.

Property Reserve, Inc. v. Superior Court (Department of Water Resources) - filed Dec. 16, 2016, Third District
Cite as 2016 S.O.S. 6508
Full text click here >

Plaintiff lacked standing to bring unlawful detainer action where, as of the time of service of the three-day notice, plaintiff had acquired the property at foreclosure sale, but had not perfected title by recording the trustee's deed. Trial court, in ruling that plaintiff had standing, erroneously treated perfection of sale and perfection of title as interchangeable.

U.S. Financial, L.P. v. McLitus; Superior Court of California, County of San Diego - filed Aug. 29, 2016, publication ordered Nov. 30, 2016
Cite as 2016 S.O.S. 6212
Full text click here > 

Complaint against homeowners association directors, based on decisions and statements they made in duly noticed board meetings while conducting board business, involved acts or activities in furtherance of constitutionally protected activity within the meaning of the anti-SLAPP statute.

Lee v. Silveira - filed Dec. 5, 2016, publication ordered Dec. 8, 2016, Fourth District, Div. One
Cite as 2016 S.O.S. 6276
Full text click here > 

Where tenant prevails in unlawful detainer action, and seeks attorney fees under Civil Code Sec. 1174.21--which authorizes such fees where the landlord sought to recover uninhabitable premises, under circumstances described in Civil Code Sec. 1942.4--the applicability of Sec. 1942.4 is properly determined at a hearing on a post-trial fee motion, and need not have been determined at trial.

Active Properties LLC v. Cabrera; Superior Court of California, County of Los Angeles - filed Oct. 26, 2016
Cite as 2016 S.O.S. 6290
Full text click here > 

 
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Legal Developments and Updates
 
2016 Tax Return Filing Info

The filing deadline to submit 2016 tax returns is Tuesday, April 18, 2017, rather than the traditional April 15 date. In 2017, April 15 falls on a Saturday, and this would usually move the filing deadline to the following Monday—April 17. However, Emancipation Day—a legal holiday in the District of Columbia—will be observed on that Monday, which pushes the nation's filing deadline to Tuesday, April 18, 2017. Under the tax law, legal holidays in the District of Columbia affect the filing deadline across the nation.

Source:
https://www.irs.gov/uac/2017-tax-filing-season-begins-jan-23-for-nations-taxpayers-with-tax-returns-due-april-18

Judicial Council Form Updates

Please take note that the following Judicial Council forms relating to Decedent's Estates, Conservatorships and Elder or Dependent Adult Abuse have been updated/modified as of 1/1/2017.
  1. DE-111: Petition for Probate http://www.courts.ca.gov/de111.pdf
  2. DE-310: Petition to Determine Successor to Real Property (Estates $150,000 or less)
    http://www.courts.ca.gov/de310.pdf
  3. GC-399: Notice of Conservatee's Death http://www.courts.ca.gov/gc399pdf
  4. EA-100: Request for Elder or Dependent Adult Abuse Restraining Orders http://www.courts.ca.gov/ea100.pdf
  5. EA-110: Temporary Restraining Order (CLETS—TEA or TEF) http://www.courts.ca.gov/ea110.pdf
  6. EA-120: Response to Request for Elder or Dependent Adult Abuse Restraining Orders http://www.courts.ca.gov/ea120.pdf
  7. EA-130: Elder or Dependent Adult Abuse Restraining Order After Hearing (CLETS-EAR or EAF) http://www.courts.ca.gov/ea130.pdf
 
 
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