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Did You Know?
Recent Cases
The Trusts and Estates Bulletin
is published monthly by the Trusts and Estates Section, coeditors:

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

Stefanie S. Cutler
Bloom & Ruttenberg

Roseann DeRosa

Jessica Ghirardo Gordon
Thompson Coburn LLP

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


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

Upcoming Events
Limited Conservatorship PVP Training
November 12, 2016

Limited conservatorship proceedings differ in procedure and purpose from probate and LPS conservatorships and offer attorneys the chance to perform needed and rewarding work for a special client population.

Please click here for registration.


The 2016 USC Gould Trust and Estate Conference
Friday, November 18, 2016

Register now for the USC Gould School of Law's 42nd Annual Trust and Estate Conference, co-sponsored by the LACBA Trusts and Estates Section, at The Westin Bonaventure Hotel in downtown Los Angeles.

To see the complete lineup of speakers and topics, click here.

The early bird rate of $485 increases after October 10, 2016, so register now to save!

Save the Date
Lunch time presentation at the Omni Hotel -
Legislative and Litigation Update Jim Birnberg and Marc Sallus
December 8, 2016

Brown Bag: "Got Bonds?"
December 14, 2016

Brown Bag: Topic TBA
January 18, 2017

Brown Bag: Topic TBA
February 15, 2017

Did You Know?

Did you know... that attorneys and parties can now purchase court filed scanned documents in Room 429? After locating the document on the court computer, the individual should select the print option (there is a printer icon). The individual then is required to pay for the copy of the document(s) at Window No. 1. The cost is $.50/page and payment can be made by cash (with exact change) or by credit card (excluding AmEx). After payment is made, the representative at Window No. 1 will print out the document(s) requested and provide the individual with a receipt.

Recent Cases
Civil Procedure

In conducting a settlement conference, a judge may engage in ex parte communications with the parties and urge settlement.

In re Complaint 16-90117 - filed Oct. 3, 2016
Cite as 2016 S.O.S. 16-90117
Full text click here>

Healthcare Law

County lacked "reasonable cause" under the Health Care Decisions Law to file a proceeding to remove an agent for health care designated in an advance health care directive, where the evidence supporting the agent's removal was "appalling inadequate" and the county failed to apprise the court that the patient's treating physician concurred with the agent that palliative care was called for. The law does not permit a public authority to substitute its view of the patient's best interests for the patient's instructions and his personal values as expressed in the directive. Trial court abused its discretion in denying agent's request for attorney fees where the only conclusions consistent with the evidence was that county lacked reasonable cause for the action.

Humboldt County Adult Protective Services v. Superior Court (Magney) - filed Oct. 24, 2016, First District, Div. One
Cite as 2016 S.O.S. 5271
Full text click here > 

Professional Responsibility and Conduct

District court did not abuse its discretion in denying pro hac vice status to an attorney who: was involved in an ethics proceeding before the bar of a jurisdiction in which he was admitted; was not candid with the court about the status of those proceedings; and disclosed that he was twice barred in perpetuity from appearing pro hac vice before judges in other districts. In addition, he failed to list numerous cases in which he was reprimanded, denied pro hac vice status, or otherwise sanctioned for violating various local rules, and had a history of personal attacks on judges, including filing a frivolous action against the judge who denied his pro hac vice application.

In re Bundy - filed Oct. 28, 2016
Cite as 2016 S.O.S. 16-72275
Full text click here >

Real Property

Plaintiffs were not equitably estopped to bring action to quiet title and compel defendants to remove a retaining wall and other improvements they built without plaintiff's approval on land plaintiff owned adjacent to defendants' property. Although defendants claimed plaintiff promised not to pursue a claim that construction of the wall violated applicable restrictions, equitable estoppel requires the party asserting it to be ignorant of the true facts and to justifiably rely on the conduct or statements of another who has knowledge of those facts. Evidence supported the conclusion that plaintiff did not know all of the facts and it made its statements after defendants knowingly constructed the retaining wall and other improvements on plaintiff's property without obtaining the required written approvals from plaintiff.

Nellie Gail Ranch Owners Association v. McMullin - filed Oct. 3, 2016, publication ordered Oct. 27, 2016, Fourth District, Div. Three
Cite as 2016 S.O.S. 5455
Full text click here >


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