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VOLUME 12 | NUMBER 7 | JULY 2017
 
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IN THIS ISSUE
 
Save the Date
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Did You Know?
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Practitioner's efiling Notes
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Recent Cases
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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:

Julia L. Birkel, Chair
Marc L. Sallus, Esq, Vice-Chair
Stefanie S. Cutler, Secretary & Treasurer
Matthew W. McMurtrey, Immediate Past Chair

 


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Save the Date
 
Trusts and Estates Annual Symposium
Date: September 15
More information to be announced

Limited Conservatorship PVP Training
Date: October 28
More information to be announced
 
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Did You Know?
 

Did you know?... Probate Attorneys and Probate Examiners often use abbreviations in the Probate Notes. They receive many inquiries about what some of the abbreviations mean. Commonly used abbreviations can be located in the Local Rules, Appendix 4.A.

Did you know?... The Notification to Court of Address on Conservatorship/Guardianship form (PRO 003), has been updated/revised and is available on the Court’s website. The form no longer needs to be submitted/filed on yellow paper.

 
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Practitioner's efiling Notes
 

ORDERS & EX PARTES:

  • Submit each proposed order only once through the efiling application; delay and confusion are caused when the same order is submitted multiple times.
  • Proposed orders for Petitions and Law and Motion continue to be required after the hearing, not at the time of filing.
  • Submit a proposed order for an Ex Parte Application with your Ex Parte Application and bring a courtesy copy with you on the morning of the Ex Parte for in person Ex Partes.  This is an exception to the rule that proposed orders should be filed after the hearing.
  • Clearly indicate in the title of your efiled document if your Ex Parte is a “Drop Off Ex Parte” or an in person Ex Parte.

DOCUMENT FILING:

  • To find out if your non-confidential document or entered order is now part of the court record, you and your client can see the register of actions on the Case Summary application available on the court public website at: http://www.lacourt.org/casesummary2/ui/index.aspx?casetype=probate
  • Settlement Briefs are lodged and not filed, therefore, Settlement Briefs should not be efiled because they do not become a part of the court record.
  • Probate case cover sheet shall be submitted as a separate pdf document, not as the first page to another filing. They can both be in same envelope, but they are separate documents.
  • Receipts for Petitions for Final Discharge may be scanned together, they do not have to be submitted as separate documents. For ease of navigation they can be bookmarked.

FEES:

  • Fee information has been updated to make it clear when a court reporter fee is already included and when the submitting party needs to apply the fee. In general, the court reporter fee, probate investigations fee, and filing fee will be applied by the system if there is not a risk of overcharging the customer.  It is not applied when there are exceptions for when to apply the fee. For example, a $30 court reporter fee is not automatically applied for Motions because if you submit more than one Motion, the $30 fee only applies to the first Motion.  The efiling party must add the $30 “Optional Service” to the $60 Motion fee automatically applied by the system.
  • The Document Options reference on the court public website includes information regarding fees and has been updated.  It is available online at: http://www.lacourt.org/division/efiling/pdf/eFilingDropDownMenu.pdf

WILLS

  • Include the efiled envelope number for your Petition to probate when submitting a corresponding original Will on the same day.  This will help court staff quickly find and process your efiled petition if it has not yet been processed.
 
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Recent Cases
 
Civil Procedure

28 U.S. C. Sec. 1291, which provides for appeals from final judgments, does not permit review of an order denying class certification after the named plaintiffs have voluntarily dismissed their claims with prejudice.

Microsoft Corporation v. Baker - filed June 12, 2017
Cite as 2017 S.O.S. 15-457_6j37
Full text click here >


Denial of a motion pursuant to Code of Civil Procedure Sec. 663 to vacate its final judgment is appealable even if it raises issues that could have been litigated via an appeal of the judgment.

Ryan v. Rosenfeld - filed June 15, 2017
Cite as 2017 S.O.S. 3081
Full text click here >


Constitutional Law

Applying different citizenship to requirements to children of unwed fathers than children of unwed mothers violates equal protection.

Sessions v. Morales-Santana - filed June 12, 2017
Cite as 2017 S.O.S. 15-1191_2a34
Full text click here >


Evidence

The law firm that employed an attorney, and not the attorney, was the holder of the work product privilege. The firm had no duty to seek the ex-employee's permission before disclosing to others documents he created in the course of his employment.

Tucker Ellis LLP v. Superior Court (Nelson) - filed June 21, 2017, First District, Div. Three
Cite as 2017 S.O.S. 3194
Full text click here >


Healthcare Law

Where an attorney-in-fact admitted her principal to a residential care facility for the elderly, a "health care" decision was made which, under the Power of Attorney Law, was unauthorized.

Please note that the Court of Appeal docket states that "on the court's own motion, the submission of the case and the decision filed on June 14, 2017, are vacated. Appellants' petition for rehearing is denied as moot. The matter will be heard at the next available calendar."

Hutcheson v. Eskaton Fountainwood Lodge - filed June 14, 2017, Third District
Cite as 2017 S.O.S. 3066
Full text click here >


Real Property

The anti-deficiency judgment statute does not prevent the junior lienholder from enforcing the junior debt obligation when the senior lienholder conducts a trustee's sale and thus extinguishes the junior lienholder's security interest.

Black Sky Capital v. Cobb - filed June 13, 2017, Fourth District, Div. Two
Cite as 2017 S.O.S. 3074
Full text click here >


Civil Code Sec. 1009, limiting implied dedications of private property to public use, applies to property used by the public for nonrecreational vehicle access.

Scher v. Burke - filed June 15, 2017
Cite as 2017 S.O.S. 3085
Full text click here >


Eviction of a tenant from a federally subsidized unit was not justifiable based on tenant's criminal activities or drug use on the premises where the 60-day notice did not specify those grounds. Federal regulations require notice and an opportunity to cure the violation before the tenant can be evicted.

The CBM Group v. Llamas; Superior Court of California, County of Fresno - filed April 5, 2017
Cite as 2017 S.O.S. 3251
Full text click here >


Taxation

Consents signed by a taxpayer-partner to extend the statute of limitations for the assessment of tax attributable to a partnership item were not invalid based upon alleged conflict of interest or duress.

Birch Ventures, LLC v. United States - filed June 7, 2017
Cite as 2017 S.O.S. 15-15551
Full text click here >


Entities that are disregarded for federal tax purposes may nevertheless constitute pass-through partners under 26 U.S.C. Sec. 6231(a)(9), such that their partnership is not eligible for the small-partnership exception contained in Sec. 6231.

Seaview Trading, LLC v. Commissioner of Internal Revenue - filed June 7, 2017
Cite as 2017 S.O.S. 15-71330
Full text click here


A county may, under Revenue & Taxation Code Sec. 11911, impose a documentary transfer tax on a written instrument that transfers beneficial ownership of real property from one person to two others if the document reflects a sale--that is, an actual transfer of legal beneficial ownership made for consideration.

926 North Ardmore Avenue, LLC v. County of Los Angeles - filed June 29, 2017
Cite as 2017 S.O.S. 3293
Full text click here >


Torts

A plaintiff may not maintain an action under an elder abuse statute where his claim is based on a derivative right belonging to a limited liability corporation.

Hilliard v. Harbour - filed June 16, 2017, First District, Div. Two
Cite as 2017 S.O.S. 3145
Full text click here >


A trustee's acts in recording a notice of default, a notice of sale, and a trustee's deed upon sale in the course of a nonjudicial foreclosure are privileged under Civil Code Sec. 47.

Schep v. Capital One - filed June 26, 2017, Second District, Div. Two
Cite as 2017 S.O.S. 3262
Full text click here >


Trusts and Estates

That elderly plaintiffs intended to gift certain funds to their children did not preclude an action for financial abuse of an elder with respect to those funds.

Mahan v. Charles W. Chan Insurance Agency - filed June 2, 2017, First District, Div. Four
Cite as 2017 S.O.S. 2887
Full text click here >

 
 
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