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VOLUME 16 | NUMBER 11 |NOVEMBER 2021
 
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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
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

 

 
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Upcoming Events
 

More information on coming events soon

 
 

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

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Special Announcements
 

Tax Assessor Looking for Prop 19 Questions

The Los Angeles Assessor’s Office has requested that Trust and Estate practitioners submit questions regarding Proposition 19 (its meaning, its implementation, questions, etc.) to the Assessor. They are collecting questions to put together a forum and give direction. Emails must be sent to APublicAffairs@assessor.lacounty.gov with the title of the email being “Prop 19 Questions”.

 
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Recent Cases
 

Civil Procedure

A trial court may grant a nonsuit after the opening statements, when plaintiff’s counsel discloses facts constituting an affirmative defense that bars the plaintiff’s claims; it is not reversible error to grant such a motion prematurely if the motion is otherwise well taken. Partial nonsuit as to one element of an affirmative defense is proper.

Carachure v. Scott - filed Oct. 7, 2021, Fourth District, Div. Two
Cite as 2021 S.O.S. 5621
Full text click here >

A declaration should not be considered in isolation in determining whether there is foundation in personal knowledge for its contents; any evidence in the record can and should be considered.

Forest Lawn Memorial Park Association v. Superior Court (Ramirez) - filed Oct. 7, 2021, Fourth District, Div. Two
Cite as 2021 S.O.S. 5614
Full text click here >

Contracts

A healthcare power of attorney is sufficient to confer authority to agree to an arbitration provision within an admission agreement, but a healthcare power of attorney is not required for an agent to have authority to enter into a standalone arbitration agreement.

Gordon v. Atria Management - filed Oct. 1, 2021, publication ordered Oct. 27, 2021, First District, Div. Five
Cite as 2021 S.O.S. 5972
Full text click here >

Family Law

California has significant connections jurisdiction under Family Code §3421(a)(2) where the child had no home state, but both the child and his mother had significant connections to California and substantial evidence was available in California concerning the child’s care, protection, training, and personal relationships.

In re Ari S. - filed Oct. 6, 2021, Second District, Div. Eight
Cite as 2021 S.O.S. 5619
Full text click here >

The Domestic Violence Prevention Act prohibits mutual orders enjoining both parties from harassing the other unless the court makes detailed findings of fact indicating that both parties acted as a primary aggressor and that neither party acted primarily in self-defense.

K.L. v. R.H. - filed Sept. 30, 2021, publication ordered Oct. 26, 2021, Fourth District, Div. Three
Cite as 2021 S.O.S. 5946
Full text click here >

Real Property

A trial court’s sua sponte post-trial amendment of a cause of action for constructive trust to state a cause of action for breach of fiduciary duty contravened basic tenets of law and motion practice and violated the defendant’s due process rights where a reasonable person would not have interpreted the complaint as alleging a breach of fiduciary duty. If a grantor makes a deed, intending to divest herself completely but delivers it to the grantee with the understanding that it is not to take effect until the grantee performs some condition, the complete divestment is inconsistent with the annexed condition, and the grantee takes absolutely, free from the condition. Where a proceeding has been assigned for hearing and determination to one department of the superior court by the presiding judge and the proceeding has not been finally disposed of, it is beyond the jurisdictional authority of another department of the same court to interfere with the exercise of the power of the department to which the proceeding has been so assigned.

McMillin v. Eare - filed Sept. 30, 2021, publication ordered Oct. 25, 2021, Second District, Div. Eight
Cite as 2021 S.O.S. 5927
Full text click here >

 
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