Estate and Tax Planning Published Decisions

Held v. Arant (1977) 67 Cal. App. 3d 748, 134 Cal Rptr. 422. Judgment is affirmed. Issue: A lawyer sued for professional negligence may not state a cause of action for indemnity against another lawyer subsequently retained by suing client in the same matter on the theory that the second lawyer’s negligence enhanced rather than reduced the initial loss.

In re Creed’s Estate. Creed v. Knoll (1967) 255 Cal. App. 2d 80, 63 Cal. Rptr. 80 Judgment is affirmed. Issue: A mere change of the property described as a specific bequest in the will does not ipso facto constitute an ademption.

Lion Country Safari v. The Irvine Company (1991) 124 B.R. 566, 24 Collier Bankr. Cas. 2d 1860, 21 Bankr. Ct. Dec. 728. Judgment: Motion denied. Issue: The Bankruptcy Court denied jury trial to Chapter 11 debtor because both parties’ claims arise out of the same transaction.

Los Angeles County v. Superior Court for Los Angeles (1967) 253 Cal. App. 2d 670 62 Cal. Rptr. 435. Judgment: Writ of prohibition granted. Issue: Proceeding in prohibition to restrain the superior court from issuing a preliminary injunction and from taking any further proceedings in a pending action.

Marsh & McLennan, Inc. v. Superior Court (1989) 49 Cal. 3d 1, 259 Cal. Rptr. 733. Judgment: Petition for writ of mandate granted. Issue: Workers Compensation Appeals Board is exclusive forum for resolving dispute over alleged unreasonable delay or refusal to pay compensation benefits. View Full Text

Rowe v. Superior Court (1993) 15 Cal. App. 4th 1711, 19 Cal. Rptr. 2d 625. Judgment: A writ of mandate issued. Issue: Plaintiff is required to demonstrate the existence of sufficient evidence to establish a prima facie right to recover punitive damages.

Rubinstein v. Barnes (1987) 195 Cal. App. 3d 276, 240 Cal. Rptr. 535. Judgment is affirmed. Issue: In legal malpractice action, application of statute of limitations in CCP section 340.6 was proper in that plaintiff had four years after enactment of section 340.6 to bring suit and that period of time was reasonable.

Schultz v. Superior Court for Los Angeles County (1980) 104 Cal. App. 3d 250, 163 Cal Rptr. 504. Judgment: Writ of mandate issued. Issue: Upon the showing of a settlement by one asserting that settlement bars all claims for contribution or comparative indemnity, the burden of proof shifts to the nonsettling tortfeasor to show the settlement was not made in good faith.

Seay v. International Association of Machinists (1973) 360 F. Supp. 123. Judgment: Motion to compel answers denied. Issue: No statement or admission found in written interrogatories in unrelated case can be admitted as evidence or used in any other proceeding when stipulation in other action indicates to be used in that action only.

Shearer v. Superior Court of Los Angeles County (1977) 70 Cal. App. 3d 424, 138 Cal. Rptr. 824. Judgment: Writ of mandate issued. Issue: The statutory time for filing petition for writ of mandate is extended by Code of Civil Procedure section 1013 governing service by mail.

Sheehy v. Southern Pacific Transportation Co. (9th Cir. 1980) 631 F. 2d 649, 7 Fed. R. Evid. Serv. 99. Judgment was reversed and remanded. Issue: Evidence of an employee receiving disability pension payments is inadmissable to show the extent or duration of an injury or to show motive for not returning to work. View Full Text

Stone v. The Regents of the University of California (1999) 77 Cal. App. 4th 736, 92 Cal. Rptr. 2d 94. Judgment is reversed. Issue: Where alleged conduct occurs outside the scope of employment, a company is entitled to deny an employer’s request for defense against a suit arising out of employment.

Wollersheim v. Church of Scientology of California (1992) 6 Cal. Rptr. 2d 532, (previously published at: 4 Cal. App. 4th 107410, Cal. App. 4th 37015, Cal. App. 1426) Judgment is affirmed in part and reversed in part with remittitur. Issue: It is proper and constitutional for the court to reduce a punitive damage award through remittitur rather than to reverse the entire punitive damages award for excessiveness. View Full Text

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