In a recent and closely reasoned opinion, the 5th District Court of Appeal from Fresno held that a claim of fraud could go to trial, even if the alleged fraud was controverted by the language of the written agreement between the parties. There are points in the opinion for discussion, but let’s start with the …
Category Archives: Case law
Ahcom v. Smeding – Ninth Circuit Analyzes Alter Ego Liability as Procedural, Not Substantive
In Ahcom, Ltd. v. Smeding, 2010 DJDAR 16125 (9th Cir. Oct. 21, 2010), the Ninth Circuit Court of Appeal considered when alter ego liability could be imposed on corporate shareholders. Applying California law in a bankruptcy context, the court provided contours to alter ego liability. The issue in Ahcom was whether “a creditor of a …
Debtor’s Fraudulent Transfer of Property Set Aside Years After Trust Was Formed
In a recent bankruptcy case, the Ninth Circuit held that a transfer to a trust could be set aside years after the transfer was made. In In re Schwarzkopf (9th Cir Nov. 23, 2010) ___ F.3d ___, the court held that, because the transfer was a fraud on creditors at the time it was made, …
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Starr vs Starr – Court Upholds Finding of Undue Influence in Real Estate Matter (Part 2)
This is the second part of an analysis of Starr v Starr (Sept. 30, 2010) 189 Cal.App.4th 277. The court held that a house acquired during marriage in the name of the husband only was actually community property, even though the wife signed a quitclaim deed in favor of the husband. Explained the court, “Evidence …
Starr v. Starr – Sterling Analysis of Effect of Confidential Relationship (Part 1)
In Starr v Starr (Sept. 30, 2010) 189 Cal.App.4th 277, the court was confronted with division of assets at the time of divorce. In an excellently-reasoned opinion by a divorce attorney, the court found in favor of the wife, and held that she was entitled to a 50% interest in the family residence, even though …
Vuki vs. Superior Court – No Private Right to Enforce Three-Month Negotiation Period in Civil Code Section 2923.52
The California legislature has been tinkering with the foreclosure rules since the mortgage crisis started in 2007. One of the laws enacted was Civil Code section 2923.52. This section says that a lender must add three months to the normal 90-day waiting period for recoding a notice of sale (i.e., double the waiting time for …
Citizens Business Bank v. Carrano – A Strange Conception
In the recent decision in Citizens Business Bank v. Carrano (Nov. 05, 2010), the court sensibly applied the rules for construing a will to the interpretation of an estate planning trust. This is an appropriate result, considering that the trust was intended to serve as a substitute for will. However, the law authorizing such a …
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Lickter v. Lickter – No Standing to Sue for Elder Abuse After Distribution Made to Trust Beneficiary
The recent decision in Lickter v. Lickter (Oct. 27, 2010) — Cal.Rptr.3d —-, 2010 WL 4231300 highlights of three important points. First, a trust beneficiary does not have standing to pursue a claim on behalf of the trust after the beneficiary has received his or her distribution pursuant to the trust. This may seem like …
Estate of Cairns – Judicial Interpretation of Five-Plus-Five Power
Some estate plans make use of a “five-or-five” provision to help reduce the estate tax. In the recent decision in Estate of Cairns (Sept. 15, 2010) 188 Cal.App.4th 937, the court had to interpret such a five-or-five provision many years after the death of the testator. As the court explained, “Margaret Cairns executed a will …
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Araiza v. Younkin – Disposition of Bank Account Under Trust Law is Fundamentally Different from Result Under Law of Wills
The recent decision in Araiza v. Younkin (Sept. 30, 2010) 188 Cal.App.4th involved the disposition of a bank account following the death of the parent. Under the law of wills, the beneficiary named on the account would have taken the funds, regardless of contrary language in the will. Ah, but the mysterious law of estate …