Constitutional Law
A mentally disordered offender's right to the free exercise of religion will not prohibit a hospital from involuntarily medicating him if he cannot show that his refusal to take antipsychotic medication is grounded on a sincerely held religious belief. There is no authority that the Free Exercise Clause exempts a psychiatric patient from being administered antipsychotic medication where the patient is a danger to himself or others.
California Department of State Hospitals v. A.H. - filed Sept. 21, 2018, Second District, Div. Six
Cite as 2018 S.O.S. 4624
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Family Law
The definition of "gravely disabled" laid out in Welfare & Institutions Code Sec. 5585.25 is inapplicable to a minor. The definition for "gravely disabled," as applied to a minor, comes from the Children's Civil Commitment and Mental Health Treatment Act.
Conservatorship of M.B. - filed Aug. 20, 2018, publication ordered Sept. 12, 2018, First District, Div. Five
Cite as 2018 S.O.S. 4510
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An inter-spousal transfer grant deed meets the requirements for a transmutation of the character of marital property under Family Code Sec. 852.
In re Marriage of Kushesh & Kushesh-Kaviani - filed Sept. 21, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 4647
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Professional Responsibility
An attorney is automatically disqualified from representing more than one client who is seeking funds from the same source.
Bridgepoint Construction Services v. Newton - filed Sept. 4, 2018, Second District, Div. Six
Cite as 2018 S.O.S. 4407
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Probate Law
Only a beneficiary or trustee of a trust can file a petition under Probate Code Sec. 17200. An individual who is expressly disinherited and is not named as a trustee lacks standing to proceed with a petition under Sec. 17200 attacking a trust.
Barefoot v. Jennings - filed Aug. 14, 2018, publication ordered Sept. 10, 2018, Fifth District
Cite as 2018 S.O.S. 4471
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California law recognizes the Japanese practice called "yoshi-engumi" as an "adoption" within the meaning of Probate Code Secs. 6450 and 6451.
Estate of Obata - filed Sept. 26, 2018, First District, Div. Three
Cite as 2018 S.O.S. 4765
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Real Property
A legal challenge to a building moratorium by a group of property owners is a facial challenge. Unless and until there is an administrative application of the moratorium or evidence establishing the futility of exhaustion, there is no way for a court to determine the constitutionality of the moratorium.
Black v. City of Rancho Palos Verdes - filed Sept. 6, 2018, Second District, Div. One
Cite as 2018 S.O.S. 4459
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A husband and wife who used community funds to make payments on the principal for the mortgage for a home that had been acquired by the wife prior to their marriage had a community interest in the home. Civil Code Sec. 2924c limits a beneficiary's contractual power of sale by giving the trustor a right to cure a default and reinstate the loan within the stated time, even if the beneficiary does not voluntarily agree. A statutory duty under the nonjudicial foreclosure statutes is sufficient to support a negligence cause of action.
Turner v. Seterus, Inc. - filed Sept. 24, 2018, Third District
Cite as 2018 S.O.S. 4672
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