Civil Procedure
A request to the court that it retain jurisdiction under Code of Civil Procedure Sec. 664.6 must be made by the litigants, not their attorneys of record.
Mesa RHF Partners v. City of Los Angeles - filed March 29, 2019, Second District, Div. One
Cite as 2019 S.O.S. 1551
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While a juror's intentional concealment of material information may demonstrate implied bias sufficient to justify disqualification, unintentional failure to disclose material information will only justify disqualification if the juror was sufficiently biased to constitute good cause for removal. The record evidence supported a judge's determination that a juror did not intentionally conceal the fact he had been party to two prior lawsuits where there was no evidence the juror had ever been served with a complaint or that he was actively involved in the litigation. References to a plaintiff's medical insurance coverage and Social Security that provided context and background information on his past treatments and likely future expenses did not violate the collateral source rule.
Stokes v. Muschinske - filed March 14, 2019, publication ordered April 8, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 1689
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Family Law
For purposes of the Domestic Violence Prevention Act, abuse includes behaviors that were enjoined by a temporary restraining order and is not limited to acts inflicting physical injury.
N.T. v. H.T. - filed March 26, 2018, publication ordered April 22, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 1890
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Probate Law
The anti-SLAPP statute can apply to petitions to enforce no contest provisions in probate court. A beneficiary's defense of a trust amendment against a claim alleging the change was invalid can meet the statutory definition of a direct contest. The effect of a litigant's conduct establishes whether she has acted in her capacity as a disinterested trustee, not the titles on the pleadings that she filed. The litigation privilege does not apply to actions to enforce no contest provisions.
Key v. Tyler - filed April 19, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 1894
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Assuming that the status of all alleged heirs must be determined simultaneously at a single hearing, an alleged heir did not suffer prejudice if the alleged heir could not show how a different result might have changed absent the error. In order for the mark on a document to be an official seal, it must include a signature by a public official. A court may find evidence to be inadmissible without an objection having been raised by a party.
Estate of Herzog - filed March 29, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 1558
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Real Property
Landowner who grants someone permission to use land is estopped from revoking the license where the person using the land has made a "substantial expenditure" in reliance on the license. Trial court construed the requirement too permissively and used the wrong legal standard in declaring a license to use an outdoor area be forever irrevocable. Nearly every case where a license has been declared irrevocable has involved the licensee's permanent alteration of the land and the ensuing upkeep, whether by building, altering or upgrading a roadway, constructing a ditch, canal or levee to transport water, erecting a wall, or raising living quarters. Case must be remanded for a determination as to whether landowner's video cameras aimed at disputed area are a nuisance.
Shoen v. Zacarias - filed April 4, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 1641
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The U.S. Supreme Court's decision in Americold Realty Trust v. ConAgra Foods did not upset the rule that a trustee is a real party to a controversy for purposes of diversity jurisdiction when he possesses certain customary powers to hold, manage, and dispose of assets for the benefit of others. When a trustee is sued in her own name, her citizenship is all that matters for diversity purposes.
Demarest v. HSBC Bank USA - filed April 8, 2019
Cite as 2019 S.O.S. 17-56432
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Tax Law
A set of homeowners were entitled to tax relief under Revenue and Tax Code Sec. 69.5 where they sold their original property and constructed a replacement property which, at the time of their claim, they owned and occupied as their primary residence. The fact that, to satisfy a bank requirement, they made temporary use of a limited liability company before taking title to their replacement property provides no justification under the terms of the statute or in logic or fairness for denying them the relief provided by Sec. 69.5.
Wright v. County of San Mateo - filed March 29, 2019, First District, Div. Four
Cite as 2019 S.O.S. 1565
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Treasury Regulation Sec. 301.7502-1(e)(2) is a permissible construction Internal Revenue Code Sec. 7502. According deference to that regulation, Sec. 7502 provides the exclusive means to prove delivery of an amended tax return.
Baldwin v. United States - filed April 16, 2019
Cite as 2019 S.O.S. 17-55115
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