Family Law
[07/22] In re Esmeralda S.
Juvenile court's order terminating defendant-mother's parental rights to her child is affirmed over claims of error that: 1) defendant's due process rights were violated when the juvenile court appointed her a guardian ad litem; and 2) the juvenile court did not properly inquire into her and the minor's father's possible American Indian ancestry for purposes of complying with Indian Child Welfare Act.
[07/18] In re Brandon T.
Order terminating mother's parental rights over her child is affirmed where: 1) there was sufficient evidence that the minor was specifically adoptable by his relative caretakers; 2) the Indian Child Welfare Act does not require more than one expert at a section 366.26 hearing; 3) there was sufficient evidence that continued custody would result in serious emotional or physical harm to the minor; and 4) mother was not prejudiced by a lack of evidence in regard to prevailing social and cultural standards of the minor's tribe.
[06/30] Harper v. Division of Family Services
In a parental right adjudicatory proceeding, the court's decision to terminate respondent's parental rights and transfer of the minor to the Division of Family Services is affirmed where: 1) there was clear and convincing evidence to terminate parental rights; and 2) the state was able to prove that termination of parental rights was in the minor's best interest.
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Tax Law
[07/14] Silicon Valley Taxpayers Ass'n, Inc. v. Santa Clara County Open Space Authority
County agency's imposition of a countywide assessment to fund a program to acquire, improve, and maintain open space lands is subject to independent review by court under Proposition 218, and the assessment is invalid because it does not comply with the special benefit and proportionality requirements for such assessments under article XIII D of the California Constitution.
[05/29] U.S. v. Dedman
In a prosecution arising from a marriage between defendant's adopted daughter/cousin and defendant's adoptive father as part of a plan to collect his military pension, her conviction for conspiracy to defraud the U.S. Department of Defense and making material false statements to a federal agent is affirmed where: 1) the government could not rely on its sham-marriage theory because the district court did not instruct the jury as to such argument; 2) the district court correctly decided that the marriage was void under Arkansas state law; 3) even if the Arkansas marriage statute were unconstitutional, it was not plain error for the district court to apply it; 4) sufficient evidence supported the convictions; 5) a jury instruction regarding Arkansas law was not plainly erroneous; and 6) withheld taxes are properly considered part of the government's loss under U.S.S.G. section 2B1.1.
[05/23] US v. Ellett
Due process does not require that a taxpayer be given the opportunity to litigate his/her tax position civilly or administratively before being prosecuted for tax evasion.
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Probate Trusts
[07/16] Perrin v. Lee
In a probate proceeding, denial of plaintiffs' section 21320 safe harbor petition for a determination that their proposed petition to invalidate two trust amendments would not be a contest within the meaning of a no contest clause in a trust is reversed where: 1) the trust did not explicitly state that a contest to an amendment would violate the no contest clause; and 2) the no contest clause was not incorporated by reference into the amendments.
[05/15] Miller v. Campbell
In a fees dispute brought by a law firm against the executor of an estate after the probate court refused to award a category of fees associated with services rendered for the executor's personal matters, grant of executor's motions in limine to exclude all evidence, resulting in dismissal of the case, is reversed where: 1) the doctrines of res judicata and collateral estoppel did not apply to bar the law firm's claim of fees against the executor personally; and 2) in light of the evidence, the trial court erroneously ruled that the evidence was insufficient, as a matter of law, to support the law firm's quantum meruit claim.
[05/13] Montegani v. Johnson
In a dispute over a decedent's estate involving revocable and irrevocable trusts, an order denying plaintiff's Probate Code section 21320 application based on her lack of standing for section 21320 relief is affirmed where, as part of its duty to oversee the administration of the estate and insure orderly administration of justice, the trial court properly concluded that plaintiff was no longer a beneficiary of the trusts at issue, and thus lacked standing to seek declaratory relief under section 21320.
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Wills & Trusts
[06/30] MICHAEL J. v. THE SUPERIOR COURT OF ORANGE COUNTY (ROGERS)
The conservator of the person and the estate of a mentally disabled person who is unable to communicate her wishes does not have the power to initiate and prosecute a petition for the dissolution of her marriage.
[03/12] E. ARMATA, INC. v. KOREA COMMERCIAL BANK OF NEW YORK
Under the Perishable Agricultural Commodities Act (PACA), a bank is not liable to the beneficiaries of a PACA trust for receipt of funds in breach of the trust where, having extended revolving overdraft privileges to a produce dealer covered by PACA, the bank routinely applied deposited PACA funds to reduce the negative balance in the produce dealer's overdrawn account.
[03/12] E. ARMATA, INC. v. KOREA COMMERCIAL BANK OF NEW YORK
Under the Perishable Agricultural Commodities Act (PACA), a bank is not liable to the beneficiaries of a PACA trust for receipt of funds in breach of the trust where, having extended revolving overdraft privileges to a produce dealer covered by PACA, the bank routinely applied deposited PACA funds to reduce the negative balance in the produce dealer's overdrawn account. (Amended opinion)
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Bankruptcy Law
[07/22] In Re: Repine
Judgment against attorney for attempting to collect fees from debtor in violation of a stay imposed by a bankruptcy court is affirmed in part and vacated in part where: 1) attorney willfully violated the stay in attempting to collect her fees; 2) attorney's refusal to consent to an agreed order to allow debtor to be released from civil incarceration caused debtor actual harm; 3) damages awarded to debtor for lost wages were appropriate; 4) debtor failed to set forth specific information regarding emotional damages; and 5) awarding attorney's fees to debtor was proper.
[07/22] Bondi v. Capital & Fin. Asset Mgmt. S.A.
Denial of motion by debtor in foreign bankruptcy proceedings to enjoin actions brought against it in the United States is affirmed where the district court acted within its sound discretion in interpreting 11 U.S.C. section 304(c)'s instruction to assure an economical and expeditious administration of a foreign estate.
[07/21] In re Reilly
Where a Chapter 7 bankruptcy debtor indicates the intent to exempt her entire interest in a given property by claiming an exemption of its full value and the trustee does not object in a timely manner, the debtor is entitled to the property in its entirety, even if it is later discovered that the property has a higher value than the exempted amount.
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