March 2022

Sections

VOLUME 17 | NUMBER 3 | MARCH 2022

	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

LACBA NEWS:

Please click here for more information as to LACBA’s Listserve Guidelines and Code of Civility Guidelines

Upcoming Events

A View from the Bench

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

Speakers:
Hon. Lee Bogdanoff
Hon. Brenda Penny
Hon. Robert Wada
Hon. Ruben Garcia
Hon. Daniel Juarez
Hon. Michael C. Small
Hon. Gus T. May
Hon. Deborah L. Christian
Hon. Ana Maria Luna
Hon. Jonathan Rosenbloom
Comm. Mark Priver

Description: 1 hour of CLE credit

The LACBA Trusts and Estates Section’s annual View from the Bench program will be held via ZOOM on March 24, 2022 from 12:30 to 1:30 pm. Please join us for this special live program where the probate judges of the LA Superior Court will give the State of Probate Court and provide their view of current issues relating to probate practice.

Click here to register or for more information.

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 hour CLE credit. Free for all attendees, courtesy of our sponsors!
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.

Click here to register or for more information.

2022 Trusts and Estates Lecture Series
End-of-Life Decision Making

Date: May 23, 2022, 12:30 p.m. to 1:30 p.m.

Description: 1 hour CLE credit. Free for all attendees, courtesy of our sponsors!
Please join us for this presentation regarding issues relating to end-of-life decision making, such as revocable transfer on death deeds, the new law on assisted suicide, as well as gifts made and testamentary documents executed shortly before death.

Speakers:
Hon. Maria E. Stratton, Justice of Second District Court of Appeal, Division Eight
Hon. Clifford L. Klein (Ret.), Signature Resolution

Click here to register or for more information.

2022 Trusts and Estates Lecture Series
Ethics for Estate Planning Lawyers

Date: June 8, 2022, 12:30 p.m. to 1:30 p.m.

Description: 1 hour CLE credit including Ethics. Free for all attendees, courtesy of our sponsors!
Please join us as we discuss the ethical issues faced by estate planners. presented by a practitioner whose practice focuses on defending attorneys against claims made to the state bar, many of which involve allegations of ethical violations.

Speakers will include:
Erin Joyce, Esq. – Erin Joyce Law

Click here to register or for more information.

Save the Date

Aviva Bobb Advanced CAC Training- A deep dive into 2022 changes in the Probate Code and L.A.S.C. Local Rules

Date: April 2, 2022, 9:00 a.m. to 12:30 p.m.

Via Zoom Webinar. More information to be announced.

GAL Training

Date: June 18, 2022, 9:00 a.m. to 11:00 a.m.

Via Zoom Webinar. More information to be announced.

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

Court News

Please click here for the latest Probate division Courtroom Changes at Stanley Mosk Courthouse.

Click here for information as to Implementation of New ePACE System – April 4, 2022 and Save the Date for ePACE Training Webinar – March 30, 2022

Recent Cases

Contracts

An arbitration agreement carve-out for claims seeking equitable relief is not ambiguous and such causes of action are plainly excluded from the agreement to arbitrate..

Eminence Healthcare v. Centuri Health Ventures - filed Feb. 3, 2022, Fifth District
Cite as 2022 S.O.S. w502
Full text click here >

Evidence

An adverse expert may be cross-examined about a publication established as reliable authority, regardless of the expert’s consideration or reliance on the publication in forming his opinions.

Paige v. Safeway - filed Feb. 10, 2022, First District, Div. Three
Cite as 2022 S.O.S. 619
Full text click here >

Probate

When a trust specifies a method of amendment—regardless of whether the method of amendment is exclusive or permissive, and regardless of whether the trust provides for identical or different methods of amendment and revocation—Probate Code §15402 provides no basis for validating an amendment that was not executed in compliance with that method.

Balistreri v. Balistreri - filed Feb. 24, 2022, First District, Div. Third
Cite as 2022 S.O.S. 838
Full text click here >

Real Property

To obtain a court order authorizing the sale of a debtor’s dwelling to satisfy a judgment, the creditor must file an application that includes liens on the property for unpaid real property taxes, even though those liens need not be recorded because they come into being by operation of law.

Meyer v. Sheh - filed Feb. 3, 2022, Second District, Div. Two
Cite as 2022 S.O.S. 525
Full text click here >

Although money can be the subject of a physical taking, a relocation fee that an ordinance required landlords to pay tenants when re-taking occupancy of their homes upon the expiration of a lease was not an unconstitutional taking of a specific and identifiable property interest; because the relocation fee was not a compensable taking, it did not constitute an exaction..

Ballinger v. City of Oakland - filed Feb. 1, 2022
Cite as 2022 S.O.S. 19-16550
Full text click here >

Business and Professions Code §7031(a) prohibits suits by unlicensed entities, but it poses no obstacle whatsoever to claims by licensed entities.

Panterra v. Superior Court (Rosedale Bakersfield Retail VI) - filed Jan. 31, 2022, Fifth District
Cite as 2022 S.O.S. 463
Full text click here >

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