Case Alerts

Summary: In Gomez v. Stadtmueller (In re Gomez), 592 B.R. 698 (9th Cir. BAP 2018), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed sanctions awarded against a debtor's lawyer for claiming an exemption without sufficiently analyzing whether the debtor could assert the exemption. Read more

Summary: No contest clauses are enforceable against both contestants and respondents in a trust contest, depending on the circumstances; the anti-SLAPP statute applies to no-contest-clause-enforcement petitions, but the litigation privilege may not be used to defeat them. Read more

Summary: Biological Child of a Decedent Who Died Intestate Has No Standing to Pursue a Wrongful Death Action Where Status as Intestate Heir Cannot Be Established. Read more

Summary: Although the insurance company rejected as technically insufficient the trustor’s beneficiary designation forms naming the trustee as the owner of the policy, the trustor had nevertheless properly gifted the policy to the trust and relinquished all rights to change the beneficiaries. Read more

Summary: German birth certificates offered to show relationship to decedent excluded from evidence due to lack of attestation. Read more

Summary: Trial Court Ruling Imposing Limited Conservatorship Upheld On Appeal Where Finding Was Supported by Substantial Evidence Read more

Summary: Under the Elder Abuse Act, any person age 65 or older has standing to petition for a restraining order against an individual alleged to have engaged in abusive conduct, as defined by statute, even if there is no special relationship between the alleged abuser and victim, such as a caretaking or custodial relationship. Read more

Summary: Despite the trust’s general provision authorizing retention of trust property, the specific provision requiring the co-trustees to distribute the trust assets after the settlors died and all beneficiaries reached age 30 controlled, although they had discretion over the method of distribution. Read more

Amanda Meleski was injured when Albert Hotlen ran a red light and collided with her vehicle. At the time of the accident, Hotlen had a $100,000 policy limit through Allstate Insurance. Hotlen then died and, as authorized by the Probate Code, Meleski filed a probate action against Holten’s estate for the policy limits of $100,000, serving her complaint on Allstate. Allstate rejected Meleski’s C.C.P. 998 offer to compromise of $99,999. At trial, Meleski recovered $180,613.86, and sought costs, including expert fees, of $66,017.08 under C.C.P. 998. The Court denied Meleski’s requests for costs, holding that Plaintiff’s recovery was limited to the $100,000 policy limit. Plaintiff appealed. Read more

Walter C. Permann established a trust whereby he provided distributions to employees of his company, so long as each beneficiary remained “employed” by the company at Walter and his spouse’s death or else such gifts would lapse. The trust also included a gift to the drafting attorney, whom had obtained a certificate of independent review before Walter executed the trust. Read more