Click for LACBA Trusts and Estates Section Newsletter Online Version
VOLUME 17 | NUMBER 1 | JANUARY 2022
 
dark blue triangle in newsletter heading
IN THIS ISSUE
 
Upcoming Events
>
Save the Date
>
Court News
>
Recent Cases
>

 

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

 

 
T and E banner-536w
 
triangle-heading-yellow-25h
Upcoming Events
 
2022 Trusts and Estates Lecture Series
Did the “Spears” Reform Hit the Target? (Assembly Bill 1194)

Date: January 24, 2022, 12:30 p.m. to 1:30 p.m

Speakers: Hon. Mary Thornton House, Judge (Ret.), ARC for ADR
Deborah C. Keesey, Esq., Hansen Seto Keesey LLP
Marilyn Kriebel, LPF, Private Professional Fiduciary

Description: 1 hour of Gen. CLE credit.
A panel discussion of Assembly Bill 1194, and its implications on conservatorships post-Britney Spears. Via Zoom Webinar.

Click here to register or for more information.

 
 
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.

 
triangle-heading-yellow-25h
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.

 
 
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.

Registration: More information to be announced.

 
 

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

Trust Properties USA-178wmanufacturers bank-178wsanborn-178w

 
triangle-heading-yellow-25h
Court News
 

Attention Kern County Superior Court Filers:

Effective January 1, 2022, Probate Court will move to Department J1 at the Juvenile Justice Center. A new Zoom link for that courtroom (J1) is available under the Remote Court Hearings Tab on the online site for Kern County Superior Court.

 
triangle-heading-yellow-25h
Recent Cases
 
Civil Procedure

A litigant forfeited any right to disqualify an arbitrator based on the arbitrator’s failure to disclose a prior case involving the parties’ lawyers had settled by failing to file a notice of disqualification within 15 days of discovering that omission.

Goodwin v. Comerica Bank - filed Dec. 15, 2021, First District, Div. Four
Cite as 2021 S.O.S. 6618
Full text click here >

A litigant who appeals without citing legal authority forfeits his cause.

Singman v. IMDB - filed Dec. 20, 2021, Second District, Div. Eight
Cite as 2021 S.O.S. 6711
Full text click here >

Code of Civil Procedure §1985.8(l) mandates that courts protect nonparties from undue burden or expense when ordering them to comply with a subpoena to produce electronically stored information; the plain language of §1985.8(l) grants courts discretion to determine whether the burden or the expense of complying with a third-party subpoena is undue in light of the facts of the particular case.

Park v. Law Offices of Tracey Buck-Walsh (Department of Justice) - filed Dec. 27, 2021, First District, Div. Three
Cite as 2021 S.O.S. 6791
Full text click here >

A judge’s ownership of stock in a parent corporation with a value in excess of $1,500 is a financial interest within the meaning of Code of Civil Procedure §170.1 in the parent’s wholly owned subsidiary and requires disqualification of the judge where the wholly owned subsidiary is a party to an action.

Chaganti v. Superior Court (Cricket Communications) - filed Dec. 27, 2021, Sixth District
Cite as 2021 S.O.S. 6800
Full text click here >

Contracts

A residential care facility resident was not bound by an arbitration agreement her daughter signed on her behalf when placing her at the facility.

Theresa D. v. MBK Senior Living - filed Nov. 30, 2021, publication ordered Dec. 21, 2021, First District, Div. Three
Cite as 2021 S.O.S. 6712
Full text click here >

Family Law

Where a minor filed a request for Special Immigrant Juvenile findings under Code of Civil Procedure §155 along with unimpeached and uncontradicted evidence that required the court to enter an order with the findings the minor requested, the juvenile court erred in denying the request; the court, at a minimum, had to consider the evidence submitted and make a finding whether the evidence supported her requested SIJ findings; if the evidence supported the findings, the court’s duty to enter an order with the findings was mandatory, not discretionary.

In re Scarlett V. - filed Dec. 8, 2021, Second District, Div. Seven
Cite as 2021 S.O.S. 6514
Full text click here >

Insurance

Former Insurance Code §2051.5 does not require an insurer to indemnify homeowners for the amount of claimed replacement costs over and above the actual cash value amount they received for their lost dwelling when they did not actually incur such costs.

Westmoreland v. Fire Insurance Exchange - filed Dec. 28, 2021, First District, Div. Three
Cite as 2021 S.O.S. 6815
Full text click here >

Probate

A person who is both personal representative of a probate estate and a beneficiary of that estate can maintain in her individual capacity a claim for financial elder abuse based on allegations that she was manipulated into taking actions as personal representative that damaged her interests as a beneficiary.

Ring v. Harmon - filed Dec. 15, 2021, Fourth District, Div. Two
Cite as 2021 S.O.S. 6601
Full text click here >

 
LACBA_logo_200w
www.lacba.org

© 2022 Los Angeles County Bar Association Contact LACBA at msd@lacba.org

 

You are subscribed to %%list.name%% as %%emailaddr%% .

You are receiving this message because you are a member of the Los Angeles County Bar Association (LACBA) or one of its sections, have registered to receive correspondence through LACBA's website, or are a member of the legal profession. If you wish to be excluded from any future correspondence, please see instructions below or mail us at 200 S. Spring Street, Los Angeles, CA 90012.

To unsubscribe from this mailing list, click the following url, %%url.unsub%% or copy and paste the following url into your browser %%url.unsub%%


Trusts and Estates Section facebook icon LACBA twitter icon LACBA linkedin Trusts and Estates Section Homepage