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VOLUME 13 | NUMBER 7 | JULY 2018
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Save the Date
Court News
Recent Cases


The Trusts and Estates eBulletin
is published monthly by the Trusts and Estates Section, coeditors:

Jana Gordon Garrotto
Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP

Stefanie S. Cutler
Ruttenberg Cutler, LLP

Roseann DeRosa

Jessica G. Gordon
Thompson Coburn LLP

Trusts and Estates Executive Committee Officers:

Marc L. Sallus, Esq, Chair
Stefanie S. Cutler, Vice-Chair
Jana Gordon Garrotto, Secretary & Treasurer
Julia L. Birkel, Esq, Immediate Past Chair


Save the Date

Trusts and Estates Symposium

Date: September 21, 2018
Time: 12:00-4:00 p.m.
Location: Biltmore Hotel

Topics to include—an Attorney’s ethical responsibility representing a Trustee, the Application of People v. Sanchez and the Hearsay Rule to Will/Trust Contests and an estate planning topic to be determined.

More info TBA

Court News
LASC Probate Division Announces Judicial Assignment Changes.
For more information, click here.

LASC Cases being heard at Spring Street Courthouse.
For more information click here.
Recent Cases
Civil Procedure

A trial court cannot sanction a party for violating Code of Civil Procedure Sec. 1008 without allowing the party the benefit of a 21-day safe harbor to withdraw the offending motion, as is required by Sec. 128.7.

Moofly Productions v. Favila - filed June 1, 2018, publication ordered June 22, 2018, Second District, Div. One
Cite as 2018 S.O.S. 3203
Full text click here >

There is no preclusive effect of a conclusion relied on by the trial court and challenged on appeal, but not addressed by the appellate court. Affording preclusive effect to a trial court determination that evades appellate review might speed up the resolution of controversies, but it would do so at the expense of fairness, accuracy, and the integrity of the judicial system.

Samara v. Matar - filed June 25, 2018
Cite as 2018 S.O.S. 3193
Full text click here >

When a party files a motion for reconsideration, the time period to appeal is tolled pending resolution of that motion, but when the motion that would ordinarily toll the time for filing the notice of appeal was resolved prior to entry of the underlying judgment, the motion does not extend the otherwise applicable appeal period.

Havensight Capital LLC v. Nike, Inc. - filed June 7, 2018
Cite as 2018 S.O.S. 15-56607
Full text click here>

Family Law

The plain meaning of "any" in the context of Family Code Sec. 300(g) is that dependency jurisdiction may exist if "any" of the four separate criteria stated in subdivision (g) are found to exist. None of the four statutory criteria for establishing dependency under Sec. 300(g) trumps any other.

In re E.A. - filed June 12, 2018, publication ordered June 15, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 3061
Full text click here>

Labor Law

Employee stock options are not taxable "compensation" under the Railroad Retirement Tax Act because they are not "money remuneration."

Wisconsin Central Ltd. v. United States - filed June 21, 2018
Cite as 2018 S.O.S. 17-530
Full text click here>

Real Property

Pursuant to the Housing and Economic Recovery Act, the Federal Housing Finance Agency succeeded to Fannie Mae and Freddie Mac's securitized mortgage loans, which were held in trust, upon inception of conservatorship. The foreclosure bar contained in 12 U.S.C. Sec. 4617(j)(3) preempts Nevada Revised Statute Sec. 116.3116, which provides that foreclosure on an HOA superpriority lien quashes all other property liens, to the extent that an HOA's foreclosure of its superpriority lien cannot extinguish a property interest of Fannie Mae or Freddie Mac while under FHFA conservatorship.

Federal Home Loan Mortgage Corp. v. SFR Investments Pool 1 - filed June 25, 2018
Cite as 2018 S.O.S. 16-15962
Full text click here >

Trusts & Wills

The probate court's jurisdiction cannot be invoked where the only relevant alleged assets of the estate are alleged to be the proceeds of a life insurance policy, the beneficiary of which is not the estate.

Estate of Post - filed June 22, 2018, First District, Div. One
Cite as 2018 S.O.S. 3217
Full text click here >

Tax Law

Prior decisions prohibiting a state from collecting sales taxes from businesses with no physical presence within the state are overturned. Due process only requires some definite link between a state and the person, property or transaction it seeks to tax.

South Dakota v. Wayfair, Inc. - filed June 21, 2018
Cite as 2018 S.O.S. 17-494
Full text click here >


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