California Case Summaries: February 2020

February 4, 2019

California Case Summaries™:
A free summary of a new civil case recently published is provided below.

Thirty nine new civil cases were published in California in February 2020. I provide short case summaries, organized by legal topic, to help California lawyers easily keep up with the new case law in their practice areas. I offer monthly, quarterly and annual editions.

California Case Summaries™
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CALIFORNIA COURTS OF APPEAL

Probate

Roth v. Jelley (2020)_ Cal.App.5th _ , 2020 WL 882150: The Court of Appeal reversed the trial court’s order denying a petition to be recognized as a beneficiary of a trust created by petitioner’s grandfather pursuant to the default distribution provision of the grandfather’s will. The probate court denied the petition on the ground that an order made in the probate of the grandfather’s estate, in 1991 (1991 Decree), eliminated petitioner’s interest in the trust and was binding on him even though he received no notice of the court proceeding that resulted in the 1991 Decree. The Court of Appeal held that petitioner had a property interest in the trust in 1991 and the 1991 Decree adversely affected his interest. Since it was not contested that petitioner’s existence and address were reasonably ascertainable at the time, due process required that petitioner be given notice of the proceeding that resulted in the 1991 Decree and an opportunity to object. Because he was not given such notice, the 1991 Decree was void. (C.A. 1st, February 24, 2020.)

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