Category Archives: CA Appellate Court Reports

Probate & Trusts – Child Born Out of Wedlock

Biological child born out of wedlock is beneficiary where trust unambiguously defines ‘issue’ as unadopted lineal descendants. A California Court of Appeal overturned the Supreme Court’s decision in the case of CITIZENS BUSINESS BANK v. JONATHAN CARRANO.  Appellant claimed that … Continue reading

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Probate & Trusts – Merger Doctrine

Trust did not terminate under ‘merger doctrine’ since intent of settler was for trust to continue until final distribution of trust property occurred. A California Court of Appeal affirmed the lower court’s decision in ROBERT WEINBERGER v. JAMES G. MORRIS … Continue reading

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Probate & Trusts – Care Custodian

Person is not ‘care custodian’ under Probate Code by providing limited assistance services to decedent before he was placed in nursing home. A California Court of Appeal upheld the trial court’s decision in DAWN AUSTIN V. DEBRA SIMPSON.  Appellant claimed … Continue reading

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Corporations – Investment Company Act of 1940

Private party may not bring action for violation of Section 13(a) of Investment Company Act of 1940. A California Court of Appeal reversed the lower court’s decision in NORTHSTAR FINANCIAL ADVISORS, INC v. SCHWAB INVESTMENTS.  The district court held that … Continue reading

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Probate & Trusts – Payable on Death

Beneficiary’s claim that account was ‘payable on death’ account despite decedent’s failure to finish paperwork before death survives demurrer. A California Court of Appeals reversed the probate court’s decision in ADRIA E. UNDERWOOD v. VALERIE PEARCHE et al.  The case … Continue reading

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Probate & Trusts – Statute of Limitations

Action by estate administrator against recipients of deceased’s real property is not barred by statute of limitations. A California Court of Appeal affirmed the lower court’s decision in the case of STEVEN A. WEINKAUF v. TIMOTHY FLOREZ.  The probate court’s … Continue reading

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Arbitral Immunity

Court of Appeal upheld a ruling that an Arbitrator who allegedly failed to make conflict of interest disclosures enjoys absolute arbitral immunity. A California Court of Appeal upheld the trial court’s decision in the case of LA SERENA PROPERTIES et al. … Continue reading

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