Click for LACBA Trusts and Estates Section Newsletter Online Version
VOLUME 12 | NUMBER 3 | MARCH 2017
 
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IN THIS ISSUE
 
Upcoming Events
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Save the Date
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Did You Know?
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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:

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
 
A Lawyer's Search for the Right Estate Plan

Date: March 9, 2017
Location: Biltmore Hotel
Registration/Lunch: 12:00 -12:30 p.m.
Program Time:
12:30 - 1:30 p.m.
Speakers: Brad N. Baker, Kelley Bannon Lashley
Moderator: William L. Winslow

Co-Sponsored by the Trusts & Estates and the Senior Lawyers sections, the program will focus on lawyers’ unique planning goals, how some lawyers make difficult clients, and what “selling” a law practice really entails. The panel will also discuss why many plans from the era before the $5 million+ exemption are now obsolete—some dangerously so. The presenters will open a window into the human dynamics of lawyering for lawyers.

> Click here for more info and to register

 
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Save the Date
 
Trusts and Estates Section Reception
May 15, 2017
More info TBA

View from the Bench
June 8, 2017
More info TBA

Mandatory PVP Training
June 17, 2017
More info TBA

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Did You Know?
 

Did you know… In order to e-file a document, all attorneys must register with an electronic filing service provider (EFSP). The Los Angeles Superior Court has approved 21 efiling service providers. The link to those provides can be found here: http://www.lacourt.org/newsmedia/announcements/probate/1 or http://www.odysseyefileca.com/service-providers.htm

Did you know… The rules regarding filing and service by electronic means can be found at CRC Rule 2.250 et seq. http://www.courts.ca.gov/cms/rules/index.cfm?title=two&linkid=rule2_250 et seq. 

Did you know… Self-represented parties are exempt from any mandatory electronic filing and service requirements adopted by courts under CRC Rule 2.250 et seq. and Code of Civil Procedure section 1010.6. (CRC Rule 2.253(b)(2)).

Did you know… If a document does not require a signature under penalty of perjury, the document is deemed signed by the party if the document is filed electronically. (CRC Rule 2.257(b)).

 
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Recent Cases
 
Civil Procedure

Statutory sanction for unreasonable failure to comply with a demand for exchange of expert witness information--exclusion of expert testimony—applies at the summary judgment stage of litigation, as well as at trial.

Perry v. Bakewell Hawthorne, LLC —filed Feb. 23, 2017 ordered Jan. 17, 2017, First District, Div. Four
Cite as 2017 S.O.S. 911
Full text click here>

Family Law

Waiver of rights in surrogacy agreement could not estop surrogate from litigating constitutional and statutory challenges to the agreement. Substantial compliance with Family Code Sec. 7962 is sufficient to provide enforceable consent to surrogacy agreement, so long as the purpose of the statutory requirements is met. Termination of surrogate’s claimed parental rights under Sec. 7962 did not deprive children of constitutional rights to substantive due process or equal protection. A surrogate has constitutional standing to assert the rights of the child.

C.M. v. M.C.—filed Jan. 26, 2017, Second District, Div. One
Cite as 2017 S.O.S. 457
Full text click here >

Individual Rights

Petitioner's claim that he was entitled to services under the Lanterman Developmental Disabilities Services Act was barred by res judicata because his ineligibility for services had been previously adjudicated. Intervening Court of Appeal decision broadly interpreting "treatment," as used in the statute, is not binding on other Court of Appeal panels, and therefore does not constitute a change in the legal landscape. Intervening statutory amendment defining "substantial disability" under the act did not constitute a change in the law that would alter prior determinations that petitioner lacked a qualifying "developmental disability."

Ronald F. v. Department of Developmental Services—filed Feb. 1, 2017, Second District, Div. Two
Cite as 2017 S.O.S. 513
Full text click here >

Real Property

Tenant's waiver of all rights under local rent control ordinance, including the right to reoccupy the unit in the event that landlord--who sought to end the tenancy, pursuant to the Ellis Act, in order to occupy the unit personally--vacated the unit at a later date, was valid and enforceable where tenant agreed to, and did, accept a lump sum payment in exchange for the waiver.

Geraghty v. Shalizi—filed Jan. 24, 2017, publication ordered Feb. 10, 2017, First District, Div. One
Cite as 2017 S.O.S. 722
Full text click here >

Substantial evidence supported court's determination, at the bench trial of a landowner's claim for termination of neighbor's recorded right of way in a private road by adverse possession, that plaintiff's position was not sufficiently hostile and adverse to defendant's right of way as a matter of law to put defendant on notice of plaintiff's claim. Installation of fences and a locked gate did not suffice where there was no evidence that defendant or his predecessor regularly used the private road for access to or from his property. Evidence instead suggested that defendant's predecessor fenced off the rear of its lot without including the road to prevent access by plaintiff's tenants and others.

Vieira Enterprises v. McCoy —filed Jan. 23, 2017, publication ordered Feb. 22, 2017, Sixth District
Cite as 2017 S.O.S. 928
Full text click here >

Trusts and Estates

A trustee's refusal or neglect to distribute trust assets to a beneficiary does not constitute a breach of fiduciary duty and is not actionable.

Williamson v. Brooks - filed Jan. 31, 2017, Second District, Div. Six
Cite as 2017 S.O.S. 497
Full text click here >

 
 
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