Author Archives: K. Greg Peterson

Couple Could Bring Action for Elder Abuse Involving Misuse of Funds Held for Their Children in Trust

The First Appellate District Court recently determined that even though funds deposited into a Trust were “owned” by the Trust, the elderly couple who funded the Trust could sue under the Elder Abuse and Dependent Adult Civil Protection Act for mismanagement … Continue reading

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Child Lacked Standing to Bring an Elder Abuse Action on the Mother’s Behalf

In Tepper v. Wilkins (2017) 10 Cal.App.5th 1198, the Court of Appeal affirmed the trial court’s order sustaining a demurrer, without leave to amend, and dismissing the first amended complaint of Belinda Wilkins Tepper alleging elder abuse. Tepper sued her … Continue reading

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Under LPS Act, Court Must Either Obtain Waiver of Jury Trial or Provide Jury Trial, Unless Proposed Conservatee Lacks Capacity to Waive

A recent case clarifies the rights of a proposed conservatee in proceedings held pursuant to the Lanterman–Petris–Short (LPS) Act. In Conservatorship of Heather W. (2016) 245 Cal.App.4th 378, the Public Guardian of San Luis Obispo County had been appointed as … Continue reading

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A CLEARLY WORDED FORFEITURE CLAUSE IN A RESIDENTIAL LEASE MAY NOT BE ENFORCEABLE

An important question of law — whether a tenant’s breach of a residential rental contract, regardless of the breach’s materiality or impact on the landlord, justifies the landlord forfeiting the agreement and terminating tenancy – was recently decided by the … Continue reading

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CALIFORNIA LEGISLATURE AUTHORIZES REVOCABLE TRANSFER UPON DEATH DEED

On September 23, 2015, Governor Brown signed AB 139, a bill introduced by Assemblyman Mike Gatto, which allows Californians to take advantage of a new, low-cost way to avoid probate on residential real property – the revocable transfer on death … Continue reading

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Court of Appeals Clarifies What Counts as an Invalid “Donative Transfer” of Real Property Under California Probate Code

The case of Jenkins v. Teegarden (2014) 230 Cal. App. 4th 1128 provides helpful clarification on what constitutes a “donative transfer” for purposes of former Cal. Prob. Code § 21350 et seq. and its current incarnation, Cal. Probate Code § 21380 et seq. … Continue reading

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An Overview of Current Perspectives Concerning California’s Sustainable Groundwater Management Act

I recently attended a two-day seminar entitled Groundwater Regulation and Management in California which involved a comprehensive review of California’s new Sustainable Groundwater Management Act (SGMA). The conference was heavily attended by a number of interested stakeholders, including the heads … Continue reading

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