A recent California appellate case clarifies the application of the statute of limitations to trust amendments.
In Smith v. Myers (2024) 103 Cal.App.5th 586, a dispute arose between the decedent’s children and his widow...more
The California Supreme Court recently addressed the complexities surrounding trust amendments in the case of Haggerty v. Thornton (2024) 15 Cal.5th 729. The case settled the confusion over potential conflicts between trust...more
Every legal dispute confronts the rules of evidence. Can a person’s past, specifically uncharged bad acts, be used as evidence in elder abuse lawsuits? A recent court ruling addressed this very question. The case stands out...more
It is a standard requirement in Probate Court disputes that the parties strictly adhere to the rules regarding notice of relief sought to all potential heirs and beneficiaries. The recent decision of Bailey v. Bailey...more
The California Supreme Court sets new precedent that unlike for-profit corporations, a former non-profit director may maintain a derivative lawsuit. The decision increases the likelihood that decisions of boards of...more
Recently the Court of Appeals has addressed a director’s inspection rights, and shareholder inspection rights and the associated opportunity to recover attorney fees and other expenses incurred in securing the inspection of...more
This year the Court in Fowler v. Golden Pacific BanCorp, Inc. (2022) 80 Cal.App.5th 205, expressly affirmed a director’s broad right of inspection, subject to extreme exceptions.
The source of the dispute stemmed from an...more
A damaged Property Owner no longer has to exhaust administrative remedies in State Court if they wish to pursue a takings claim under the Civil Rights Act. As a result, Property Owners injured by government regulatory takings...more