Click for LACBA Trusts and Estates Section Newsletter Online Version
VOLUME 13 | NUMBER 5 | MAY 2018
 
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IN THIS ISSUE
 
Upcoming Events
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Save the Date
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Legal Developments
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Recent Cases
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The Trusts and Estates eBulletin
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
Ruttenberg Cutler, LLP
scutler@ruttenbergcutler.com

Roseann DeRosa

Jessica G. 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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Upcoming Events
 
Trusts & Estates Probate Department Reception - Sold Out

Date: May 9, 2018
Program: 5:30 p.m.-8:00 pm
Location: Omni Los Angeles Hotel, Los Angeles

Program Description: The Trusts and Estates Section cordially invites you to our annual Los Angeles Court Probate Department reception. There will be a cash bar and complimentary hors d'oeuvres for all guests. There is no registration fee for Trusts & Estates Section members, County Counsel and judges.

Click here for more information and to register


Part II: LPS Conservatorships & the Mental Health Court

Date: May 30, 2018
Program: 12:15 p.m.-1:15 pm
Location: Los Angeles Superior Court, Los Angeles

Program Description: Learn more about the LPS Conservatorship process and the nuances of the Mental Health Court. Note: This program is a continuation of a previous program held 02/06/18, but members are welcome to attend as a stand-alone program.

Click here for more information and to register


A View from the Bench

Date: June 7, 2018
Program: 12:00 p.m.-1:30 p.m.
Location: Omni Hotel

Program Description: Please join us for a special lunch program where the probate judges of the Los Angeles Superior Court will provide an update on the current state of affairs of the probate court, an update on changes, in addition to providing their view of current issues relating to probate.

Click here for more information and to register


We'd like to thank The Sanborn Team for their sponsorship of our events.

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Save the Date
 
Fundamental/Refresher PVP Attorney Training

Date: June 23, 2018
Program: 9:00 a.m.- 1:00 p.m.
Location: Torrance Marriott

Click here for more information.

 
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Legal Developments
 

Guidance in Connection with the Repeal of Section 682 of the Internal Revenue Code

Click here for more information regarding Notice 2018-37- Trust Income Payable to A Former Spouse.

 
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Recent Cases
 
Contract Law

When a contract is reduced to writing, it is presumed to contain all of the material terms, and it cannot reasonably be presumed that the parties would intend two contradictory terms to be part of the same agreement. The admissibility of evidence of fraud is not limited to cases where the validity of the agreement is at issue. A party's ability to later recover money from a defendant does not establish conversion at the time the money was paid.

IIG Wireless v. Yi - filed March 27, 2018, publication ordered April 23, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 1900
Full text click here >

Constitutional Law

Not every diminution in property value caused by a government regulation rises to the level of an unconstitutional taking. A city's denial of a landlord's requested rent increases was not the functional equivalent of a direct appropriation of the rental property for purposes of the Takings Clause.

Colony Cove Properties v. City of Carson - filed April 23, 2018
Cite as 2018 S.O.S. 16-56255
Full text click here >

Family Law

A party requesting a renewal of a restraining order issued pursuant to the Elder Abuse and Dependent Adult Civil Protection Act does not need to make a showing of any further abuse since the issuance of the original order.

Gordon B. v. Gomez - filed April 10, 2018, Second District, Div. One
Cite as 2018 S.O.S. 1698
Full text click here >

Government Law

A complaint challenging a water district’s real estate contract as having been tainted by a conflict of interest in violation of Government Code §1090 was not subject to Water Code Sec. 30000’s validation requirements. A taxpayer had standing under Code of Civil Procedure Sec. 526a to challenge the contract.

Holloway v. Showcase Realty Agents, Inc. - filed April 5, 2018, publication ordered April 26, 2018, Sixth District
Cite as 2018 S.O.S. 2010
Full text click here >

Insurance Law

A self-storage facility's offer to assume the risk of loss for a customer's property in exchange to an additional monthly payment is not an offer of a contract of insurance that would be subject to regulation under the Insurance Code. The code's definition of insurance has long been understood not to reach indemnification agreements between parties to a transaction if the indemnification agreement is incidental to the principal object and purpose of the parties' transaction and the legislature's enactment of Article 16.3 was not intended to prohibit such incidental indemnification agreements.

Heckart v. A-1 Self Storage - filed April 23, 2018
Cite as 2018 S.O.S. 1892
Full text click here >

Real Property

A local ordinance prohibiting a landlord from refusing to rent a property to a tenant receiving a government housing subsidy is not preempted by the Fair Employment and Housing Act.

City and County of San Francisco v. Post - filed April 11, 2018, First District, Div. Two
Cite as 2018 S.O.S. 1702
Full text click here >

The Ellis Act preempts a local ordinance that imposed a 10-year waiting period on the alteration of housing units that have been withdrawn from rental use after the tenant was evicted by a landlord exercising rights provided by the act.

Small Property Owners of San Francisco Institute v. City and County of San Francisco - filed April 11, 2018, First District, Div. Two Cite as 2018 S.O.S. 1708
Full text click here >

While the Health and Safety Code requires every health studio to acquire and maintain an automated external defibrillator on its premises, this duty does not extend to a commercial landlord who leases space to an operator of a health studio.

Day v. Lupo Vine Street - filed April 11, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 1684
Full text click here >

Trusts

A county does not obtain a cognizable legal interest in a criminal defendant’s property just because a prosecutor recorded a lis pendens against the property and secured a restraining order to prevent the transfer of the property prior to obtaining a restitution order.

Integrated Lender Services v. County of Los Angeles (Velasquez) - filed April 27, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 2015
Full text click here >

For purposes of Marsy's Law, the marshalling of a decedent's assets by a court-appointed administrator operating under the Independent Administration of Estates Act does not constitute collection of money from a person who has been ordered to pay victim restitution.

Estate of Casserley - filed April 27, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 2019
Full text click here >

 
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