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PSB | PATTON SULLIVAN BRODEHL LLP

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CALIFORNIA SUPREME COURT CLARIFIES TRUST AMENDMENT RULES FOR CONFLICTS BETWEEN
TRUST TERMS AND THE PROBATE CODE [BY RANDY SULLIVAN]



The California Supreme Court recently addressed the complexities surrounding
trust amendments in the case of Haggerty v. Thornton (2024) 15 […]

Trust and Estate Planning and Disputes, Uncategorized


FAILURE TO PAY ATTENTION TO TRUSTEE NOTICE CAN BE FATAL [BY RALPH KOKKA]



Understanding the significance of trustee notice, as mandated by Probate Code
Section 16061.7, is crucial in trust administration.  This notice […]

Trust and Estate Planning and Disputes


PRIOR UNCHARGED BAD ACTS ARE ADMISSIBLE IN ELDER ABUSE LAWSUIT [BY RANDY
SULLIVAN]



Every legal dispute confronts the rules of evidence. Can a person’s past,
specifically uncharged bad acts, be used as evidence […]

ADR, Trials, and Appeals, Trials and Evidence, Trust and Estate Planning and
Disputes


STRICT NOTICE IS A MUST TO TRIGGER DEADLINES FOR WILL CONTESTS [BY RANDY
SULLIVAN]



It is a standard requirement in Probate Court disputes that the parties strictly
adhere to the rules regarding notice of […]

Trust and Estate Planning and Disputes


CALIFORNIA SUPREME COURT SETS PRECEDENT – UNLIKE FOR-PROFIT CORPORATE DIRECTORS
– FORMER NON-PROFIT DIRECTOR MAY MAINTAIN DERIVATIVE ACTION [BY RANDY SULLIVAN]



The California Supreme Court sets new precedent that unlike for-profit
corporations, a former non-profit director may maintain a derivative lawsuit. 
[…]

Business Transactions and Disputes


SHAREHOLDER INSPECTION RIGHTS ARE NOT AN AUTOMATIC RIGHT TO ATTORNEYS’ FEES [BY
RANDY SULLIVAN]



Recently the Court of Appeals has addressed a director’s inspection rights, and
shareholder inspection rights and the associated opportunity to […]

Business Transactions and Disputes


CALIFORNIA SUPREME COURT SETTLES THE SPLIT OF AUTHORITY FINDING VICARIOUS
LIABILITY FOR FIRE FIGHTING COSTS [BY RANDY SULLIVAN]



We previously wrote about a split in authority over vicarious liablity for fire
suppression costs incurred by CalFire.  We write […]

Real Estate Transactions and Disputes


A DIRECTOR’S RIGHT OF INSPECTION IS ABSOLUTE AND SUBJECT ONLY TO EXTREME
EXCEPTIONS [BY RANDY SULLIVAN]



This year the Court in Fowler v. Golden Pacific BanCorp, Inc. (2022) 80
Cal.App.5th 205, expressly affirmed a director’s broad […]

Business Transactions and Disputes


THE CHIEF TECHNOLOGY OFFICER WHO LEFT COMPANY WITH ALMOST 30 DIFFERENT CORPORATE
DEVICES PREVAILS ON MOTION FOR PRELIMINARY INJUNCTION [BY RANDY SULLIVAN]



Trade secret litigation nearly always requires pretrial motion work for a
temporary restraining order and preliminary injunction.  The recent decision […]

Business Transactions and Disputes, Employment, Intellectual Property


PATTON SULLIVAN BRODEHL LLP IS PLEASED TO ANNOUNCE THAT ZACHARY YOUNG HAS BECOME
A PARTNER OF THE FIRM EFFECTIVE JANUARY 1, 2022.



Mr. Young is an experienced trial attorney, including first chairing trials,
taking and defending over 100 depositions of all kinds, […]

Uncategorized


COURT GIVES GUIDANCE ON PROCEDURE FOR PURSUING “TORT OF ANOTHER” DAMAGES [BY
ZACHARY YOUNG]



In 1963, the California Supreme Court adopted the “tort of another” doctrine in
the seminal case Prentice v. North American […]

Uncategorized


THE DOOR IS OPEN FOR 5TH AMENDMENT TAKINGS LAWSUITS IN FEDERAL COURT UNDER THE
CIVIL RIGHTS ACT [BY RANDY SULLIVAN]



A damaged Property Owner no longer has to exhaust administrative remedies in
State Court if they wish to pursue a […]

Real Estate Transactions and Disputes


WHEN BUSINESS COMPETITION GOES TOO FAR: INTERFERENCE WITH AT-WILL CONTRACTS



The American economy’s capitalist features promote the need for healthy business
competition.  One of the judiciary’s jobs has been to […]

Business Transactions and Disputes


DISCOVERING DISCOVERY IN ARBITRATION [BY ZACHARY YOUNG]



Over the years, increasingly more potential litigants have turned to alternative
dispute resolution processes, including arbitration, to resolve their disputes. 
[…]

ADR, Trials, and Appeals


PREEXISTING CONDITION NULLIFIED EQUITABLE EASEMENT [BY RANDY SULLIVAN]



Coming to a nuisance is a defense, and so too is coming to own real property
with known access issues. […]

Real Estate Transactions and Disputes


COURT BOLDLY GOES WHERE NO COURT HAS GONE BEFORE WHILE NAVIGATING THE NUANCES OF
ATTORNEY’S FEES AND THE ALTER EGO DOCTRINE [ZACHARY YOUNG]



Nothing triggers nerdy excitement within the legal community quite like a
freshly decided case that claims to address an issue […]

ADR, Trials, and Appeals, Business Transactions and Disputes, Uncategorized


SETTLEMENT FOR $38,300,000



Randy Sullivan recently resolved an eminent domain action for $38,300,000, which
was $10,710,000 more than the condemning agency’s expert damage […]

ADR, Trials, and Appeals, Real Estate Transactions and Disputes


CONFLICT OF LAW ON CORPORATE LIABILITY FOR FIRE SUPPRESSION COSTS [BY RANDY
SULLIVAN]



Recently the court allowed CalFire to recover fire suppression and investigative
costs from anyone who starts a fire, including a […]

Real Estate Transactions and Disputes, Uncategorized


“NEIGHBORLY” BEACH ACCESS [BY RANDY SULLIVAN]



Easement rights and beach access have been an ongoing and regular area of
dispute.  One strategy to keep neighbors off […]

Real Estate Transactions and Disputes


COURT HAS FLEXIBILITY IN BOUNDARY DISPUTES [BY JOHN H. PATTON]

Leave a Comment on Court Has Flexibility In Boundary Disputes [By John H.
Patton]

Sometimes neighbors get into disputes about rights along their boundaries. These
can encompass all manner of issues, from determining the exact boundary (usually
by survey); to quarrels about views, trees, and landscaping; to disagreement
about access and easement rights; to debate over the use and ownership of
encroaching structures.

Real Estate Transactions and Disputes, Uncategorized


LANDOWNER PREVAILS IN SPOT ZONING CASE [BY RANDY SULLIVAN]



The court of appeals recently considered whether spot zoning occurred in the
City of San Clemente and thus entitled the property owner to compensation as a
“constitutional taking” of property by the government.

Real Estate Transactions and Disputes, Uncategorized


DAMAGE PRESENTATION KEY IN RECOVERING LOST PROFITS [BY RANDY SULLIVAN]

Leave a Comment on Damage Presentation Key in Recovering Lost Profits [By Randy
Sullivan]

Two recent cases involving failed land development transactions produced two
extremely different outcomes. And, on closer examination, it’s clear the results
turned on the plaintiff’s ability to demonstrate lost profits.

Real Estate Transactions and Disputes, Uncategorized


WHEN IS FINAL REALLY FINAL? – FIRST NATIONAL MORTGAGE COMPANY V. FEDERAL REALTY
INVESTMENT TRUST [BY RANDY SULLIVAN]

Leave a Comment on When is Final Really Final? – First National Mortgage Company
v. Federal Realty Investment Trust [By Randy Sullivan]

When real estate negotiations turn hot, offers and counter-offers move quickly,
often with more focus on the terms of the transactions than the legal niceties.
That can be an expensive mistake, as one developer found recently when a ‘Final
Proposal’ morphed into a binding deal.

Real Estate Transactions and Disputes


POSTS NAVIGATION

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RECENT POSTS

 * California Supreme Court Clarifies Trust Amendment Rules for Conflicts
   Between Trust Terms and the Probate Code [By Randy Sullivan]
 * Failure to Pay Attention to Trustee Notice Can Be Fatal [by Ralph Kokka]
 * Prior Uncharged Bad Acts Are Admissible In Elder Abuse Lawsuit [by Randy
   Sullivan]
 * Strict Notice Is A Must To Trigger Deadlines For Will Contests [By Randy
   Sullivan]
 * California Supreme Court Sets Precedent – Unlike For-Profit Corporate
   Directors – Former Non-Profit Director May Maintain Derivative Action [By
   Randy Sullivan]


PRACTICE AREAS

 * ADR, Trials, and Appeals
 * Business Transactions and Disputes
 * Employment
 * Intellectual Property
 * Real Estate Transactions and Disputes
 * Trials and Evidence
 * Trust and Estate Planning and Disputes
 * Uncategorized


RECENT POST

 * California Supreme Court Clarifies Trust Amendment Rules for Conflicts
   Between Trust Terms and the Probate Code [By Randy Sullivan]
 * Failure to Pay Attention to Trustee Notice Can Be Fatal [by Ralph Kokka]
 * Prior Uncharged Bad Acts Are Admissible In Elder Abuse Lawsuit [by Randy
   Sullivan]
 * Strict Notice Is A Must To Trigger Deadlines For Will Contests [By Randy
   Sullivan]

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