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VOLUME 15 | NUMBER 11 | NOVEMBER 2020
 
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IN THIS ISSUE
 
Upcoming Events
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Save the Date
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Court News
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Recent Cases
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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
Thompson Coburn LLP
jgordon@thompsoncoburn.com

Julie Birkel
Hill, Farrer & Burrill LLP
JBirkel@hfbllp.com


Trusts and Estates Executive Committee Officers:

Jana G. Garrotto, Chair
Deborah Keesey, Vice-Chair
Susan Barlevav Devermont, Secretary & Treasurer
Stefanie S. Cutler, Immediate Past Chair

 

 
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Upcoming Events
 

2020 Aviva K. Bobb Court Appointed Counsel Training

Date: November 21, 9:30 a.m.—1:30 p.m.
Location: Webinar

This advanced court appointed counsel training addresses E.C. 730 Reports, the Conservatee's Right to Stay Home, Dual Diagnosis Conservatees, Family Law Cross Over Issues, and Tips Regarding LA CourtConnect. The presenters include Judge May, Judge Rosenbloom, Judge Bobb, and a great group of probate colleagues. This program focuses on the higher level issues faced by court appointed counsel but will certainly have some useful tips for the probate bar as a whole. 4 hours of trusts and estates MCLE credit with 1 of the hours focused on the Competency requirement.

More information to be announced.

 
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Save the Date
 

LACBA Trusts and Estates Section Lecture Series Webinar

Date: January 26, 12:30 p.m.—1:30 p.m.
Location: Webinar

Description:
Judgment Enforcement Issues for Trust and Estate Practitioners

Registration:
More information to be announced.


LACBA Trusts and Estates Section Lecture Series Webinar

Date: February 16, 12:30 p.m.—1:30 p.m.
Location: Webinar

Description:
Legislative and Case Law Updates

Registration:
More information to be announced.


 

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

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Court News
 

Please see the attached Notice to Attorneys regarding recent changes to Judicial Assignments in the Probate division.

Notice to Attorneys

 
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Recent Cases
 
Civil Procedure

A trial court did not abuse its discretion in applying the advocate-witness to disqualify an attorney from representing her minor child in the pretrial proceedings for a lawsuit against her ex-husband, accusing the ex-husband of abusing the child.

Doe v. Yim - filed Oct. 5, 2020, Second District, Div. Four
Cite as 2020 S.O.S. 4679
Full text click here >

A trial court did not abuse its discretion in denying an oral request for a continuance that was made without any written supporting evidence, on the first day of trial; the court also did not abuse its discretion in excluding a party from introducing evidence and testimony at trial that it did not disclose or exchange during discovery.

Reales Investment v. Johnson - filed Oct. 5, 2020, Fourth District, Div. Two
Cite as 2020 S.O.S. 4685
Full text click here >

A defendant is not entitled to relief from a default judgment where the defendant chose to not participate in the proceedings and they missed every document served on them, including the amended complaint, because they failed to inform the trial court and plaintiff of their current mailing address, and the defendants could not be reached by phone or email.

Kramer v. Traditional Escrow - filed Oct. 20, 2020, Fourth District, Div. Three
Cite as 2020 S.O.S. 4895
Full text click here >

A trial court has discretion to decide the amount of a reasonable sanction and to exclude from the sanctions award those costs and attorney fees not incurred as a result of the sanctioned conduct; an opposing party’s failure to challenge the amount of monetary sanctions does not mean the trial court was legally compelled to award the full amount requested.

Cornerstone Realty Advisors v. Summit Healthcare REIT (Winget Spadafora & Schwartzberg) - filed Oct. 28, 2020, Fourth District, Div. Three
Cite as 2020 S.O.S. 5122
Full text click here >

Contracts

Except as provided in Welfare and Institutions Code §302(d), and §362.4, orders of the juvenile court regarding custody and visitation are effective only while that court exercises its jurisdiction over the child

In re Anna T. - filed Oct. 13, 2020, Second District, Div. Seven
Cite as 2020 S.O.S. 4801
Full text click here >

In order to bind parties to new terms pursuant to a change-of-terms provision, consistent with basic principles of contract law, both parties must have notice that the terms have changed and an opportunity to review the changes; a mere website visit after the end of a business relationship is not enough to bind parties to changed terms in a contract pursuant to a change-of-terms provision in the original contract.

Stover v. Experian Holdings - filed Oct. 21, 2020
Cite as 2020 S.O.S. 19-55204
Full text click here >

Family Law  

A juvenile court may not terminate parental rights based on problems arising from the parent’s poverty.

In re S.S. - filed Oct. 2, 2020, Fourth District, Div. Two
Cite as 2020 S.O.S. 4662
Full text click here >

A trial court erred in attributing non-existing timeshare to calculate a father’s child support obligations during a time the father had no visitation with the child.

County of San Diego v. P.B. - filed Oct. 19, 2020, Fourth District, Div. One
Cite as 2020 S.O.S. 4869
Full text click here >

A mother cannot use the civil harassment order process to collaterally attack a confidential child dependency and adoption proceeding concerning her biological daughter.

Leah B. v. Michael V. - filed Oct. 22, 2020, Second District, Div. Six
Cite as 2020 S.O.S. 4946
Full text click here >

Real Property

The method available to the holder of a senior trust deed for removal of a junior encumbrance from the property is foreclosure of the junior lienholder’s equitable right of redemption; a junior lienholder may raise the expiration of the statute of limitations as a defense to the senior lienholder’s assertion of priority; the expiration of the statute of limitations on a senior lien also bars the senior lienholder from asserting the priority of its lien in answer to the foreclosure complaint of a junior lienholder.

Robin v. Crowell - filed Oct. 8, 2020, Fifth District
Cite as 2020 S.O.S. 4751
Full text click here >

Where a tenant’s lease was not duly recorded as part of a property’s chain of title, it still constituted a valid property right enforceable against a subsequent purchaser who acquired the property with notice of the lease. A lease for the hiring of residential real property means a contract for the temporary possession of a dwelling unit.

MES Investments v. Dadsen Washer Service - filed Sept. 25, 2020, publication ordered Oct. 23. 2020, Second District, Div. Three
Cite as 2020 S.O.S. 5048
Full text click here >

To establish an implied dedication, the general public must use the property; while neighbors are members of the general public, and their testimony is relevant, use by neighbors is not equivalent to use by the general public; local children are a subset of the neighbors and do not provide the necessary diversity to establish use by the general public.

Tiburon/Belvedere Residents United to Support the Trails v. Martha - filed Oct. 23, 2020, First District, Div. Five
Cite as 2020 S.O.S. 5053
Full text click here >

 
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