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VOLUME 13 | NUMBER 10 | OCTOBER 2018
 
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IN THIS ISSUE
 
Upcoming Events
>
Save the Date
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Court News
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Recent Cases
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Legal Developments
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The Trusts and Estates eBulletin
is published monthly by the Trusts and Estates Section, coeditors:

Jana Gordon Garrotto
Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP
jgarrotto@wrslawyers.com

Stefanie S. Cutler
Ruttenberg Cutler, LLP
scutler@ruttenbergcutler.com

Jessica G. Gordon
Thompson Coburn LLP
jgordon@thompsoncoburn.com

Trusts and Estates Executive Committee Officers:

Marc L. Sallus, Esq, Chair
Stefanie S. Cutler, Vice-Chair
Jana Gordon Garrotto, Secretary & Treasurer
Julia L. Birkel, Esq, Immediate Past Chair

 

 
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Upcoming Events
 

Concurrent Representation of Multiple Clients

Date: October 17, 2018
Time: 12:15-1:30 p.m.
Location: Los Angeles Superior Court

This program will cover professional ethical duties with drafting estate plans for beneficiaries after the resignation/incapacity of the parent as trustee. The focus will be on cases where the one beneficiary/child's succession as trustee may affect the other children are beneficiaries.

Click here for more information and to register


 

Know Your Limits: Limited Conservatorship PVP Trainings

Date: October 20, 2018
Time: 9:00 a.m.-12:30 p.m.
Location: Los Angeles County Bar Association

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

This program provides training and education to PVP attorneys representing proposed conservatees in limited conservatorship proceedings.  It is required by LASC Local Rule 4.124(b)(5) and helps to satisfy the educational requirements of CRC 7.1101.

Click here for more information and to register


 

A Peak Behind the Curtain of Room 260

Date: November 13, 2018
Time: 12:15 a.m.-1:30 p.m.
Location: Los Angeles Superior Court

This program will provide a peak behind the curtain of the interplay between the civil trial courts and the Probate Attorneys’ involvement in such proceedings.

Click here for more information and to register


 

Minor’s Counsel Guardianships Training

Date: December 15, 2018
Time: 8:30 a.m.-1:30 p.m.
Location: Los Angeles County Bar Association

This training complies with Los Angeles Superior Court requirements for Minor’s Counsel Guardianships Training.

Click here for more information and to register

 

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

Sanborn-Team-Logo

 
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Save the Date
 

Brown Bag -
Conservatorships and Trusts Actions – the When and How

Date: December 11, 2018
Location: LA Superior Court

A discussion regarding the interplay between Conservatorships and Trusts specifically focused on when to bring the trust action when there is a revocable trust and there is a need for a conservatorship.

More information to come

 
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Court News
 

LASC expands online document availability to Include Decedent’s Estate and Trust Cases

Click here for additional info.
 
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Recent Cases
 
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
Full text click here >

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
Full text click here >

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
Full text click here >

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
Full text click here >

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
Full text click here >

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
Full text click here >

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
Full text click here >

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
Full text click here >

 

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Legal Developments
 

Notice 2018-71 provides guidance on the employer credit for paid family and medical leave under Code section 45S
Click here for more information

 
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