| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G055377
|
Morgan v. Superior Court
Even if a trust was worded with the intention to allow the attorney who handled the trust to withhold information from the successor trustee, such a provision violates public policy and is therefore unenforceable. |
probate_and_trusts |
|
R. Fybel | Jun. 4, 2018 |
|
D072298
|
Estate of Casserley
Claim not entitled to priority under state constitution's restitution provision where provision is inapplicable to court appointed administrator under Independent Administration of Estates Act to distribute assets. |
probate_and_trusts |
|
J. Haller | May 1, 2018 |
|
B281606
|
Conservatorship of P.D.
Jury instructions that detailed duration and consequences to the prospective conservatee if a conservatorship petition was approved was erroneous, but harmless error. |
probate_and_trusts |
|
M. Tangeman | Apr. 2, 2018 |
|
A147554
|
Modification: Herterich v. Peltner
The litigation privilege applies to probate matters where false and misleading statements were made in furtherance of litigation |
probate_and_trusts |
|
R. Dondero | Mar. 29, 2018 |
|
16-16155
|
Glazing Health & Welfare Fund v. Lamek
Unpaid contributions to employee benefit funds are not plan assets; employers contractually committed to make such payments are not fiduciaries under ERISA. |
probate_and_trusts |
|
M. Friedland | Mar. 22, 2018 |
|
A147554
|
Herterich v. Peltner
The litigation privilege applies to probate matters where false and misleading statements were made in furtherance of litigation |
probate_and_trusts |
|
R. Dondero | Mar. 5, 2018 |
|
B283132
|
Estate of Kerkorian
Probate court finding of good cause pursuant to an application of executor to participate in probate proceedings under Section 11704 subsumes that said participation is necessary under the Section. |
probate_and_trusts |
|
L. Baker | Jan. 23, 2018 |
|
A148678
|
Estate of Reed
Oral order removing representative of probate estate is not final appealable order where order references 'forthcoming written decision' on its findings. |
probate_and_trusts |
|
M. Simons | Nov. 9, 2017 |
|
A148505
|
People ex rel. Harris v. Shine
Pendente lite fees improperly awarded to former trustee of charitable trust accused of mismanagement and where trustee failed to demonstrate ultimate entitlement to fees. |
probate_and_trusts |
|
T. Bruiniers | Oct. 24, 2017 |
|
B281420
|
Aviles v. Swearingen
Newly-enacted Probate Code 'no contest clause' construed strictly; such clauses not effective unless specifically set forth or referred to in amended trust documents. |
probate_and_trusts |
|
K. Yegan | Oct. 24, 2017 |
|
B272085
|
Estate of O'Connor
Funds in elderly person's joint bank account pass down to surviving owner, not decedent's estate, absent clear and convincing evidence of contrary intent. |
probate_and_trusts |
|
J. Johnson | Oct. 17, 2017 |
|
B278257
|
Urick v. Urick
Petitions to enforce no contest clause under Probate Code not exempt from anti-SLAPP analysis; nevertheless, anti-SLAPP motion erroneously granted where reformation petition constituted direct contest. |
probate_and_trusts |
|
S. Kriegler | Oct. 6, 2017 |
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