Archive | Attorney Interest

Financial Elder Abuse Lawsuits – Many Remedies But Difficulty in Civil Prosecution

January 29, 2012  |   Posted by :   |   Attorney Interest,General Interest,trust and estate interest   |   2 Comments

Financial elder abuse is essentially the wrongful taking of an elder or dependent adult’s real or personal property without the intent to return it.   In addition to other forms of intervention, i.e., contacting the police and Adult Protective Services, the California Legislature has created many civil remedies to enhance the protection of elderly and dependent adults. They include but […]

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Select 2012 Probate Law Updates

January 12, 2012  |   Posted by :   |   Attorney Interest,trust and estate interest   |   1 Comment

The OCBA Trust and Estate Section of the Bar had a speaker today on 2012 Legislative and Selected Case Updates.  These are updates that we found to be interesting to our practice: 1.  You no longer need to open a probate estate if the value of assets in the estate are $150,000 or less.  Previously, […]

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Howard Serbin’s Radio and Internet Program: “Where There’s A Will, There’s A Way”

January 10, 2012  |   Posted by :   |   Attorney Interest,General Interest,trust and estate interest   |   Comments Off

Beginning January 10, 2011, Howard Serbin will be live on the air and on the Internet, with his probate-topic radio show, “Where There’s A Will, There’s A Way”  Howard’s radio program will be airing in the Fullerton area but his viewership will be much larger on the Internet.  Dates and Times are as follows:  Tuesdays, 4-5…KNOC […]

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Sample Petition for Writ of Peremptory Mandate (Without Argument)

January 09, 2012  |   Posted by :   |   Appellate interest,Attorney Interest   |   1 Comment

This blog is part 2 of my sample Petition for Writ of Peremptory Mandate.  This section followed my Table of Contents and Table of Authorities, which are not included in this blog. Court of Appeal, 4th Dist., Div. 3 Case Number: IN THE COURT APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION THREE […]

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Sample Petition for Peremptory Writ of Mandate Cover Page

January 08, 2012  |   Posted by :   |   Appellate interest,Attorney Interest   |   Comments Off

For those of you who may be interested in my appellate and writ blogs, here is a sample cover page of a Petition for Writ of Peremptory Mandate that I filed in 2005.  I tried uploading the entire writ, but will have to do it in several blogs as there was too much content. Court of […]

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Preparing for Oral Argument at the Court of Appeal

January 06, 2012  |   Posted by :   |   Appellate interest,Attorney Interest   |   1 Comment

I had the pleasure today of attending a bar luncheon with the Appellate Section of the Orange County Bar Association.  The topic of discussion ws Oral Argument on Appeal.  Included on the panel was the Honorable Richard D. Fybel of the Fourth Appellate District, Division Three, of the California Court of Appeal. The panel confirmed […]

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Do You Want To File a Writ – What A Non-Appellate Attorney May Want to Know

January 04, 2012  |   Posted by :   |   Appellate interest,Attorney Interest   |   1 Comment

INTRODUCTION TO CALIFORNIA WRIT PRACTICE       This blog will concern the very basics regarding Petitions for Writ of Mandate and Prohibition to the Court of Appeal.  As you have no doubt heard, getting a California appellate court to review an interim trial court level ruling by way of writ review is not an easy venture. […]

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To Demurrer or Not In the Orange County Probate Court

December 11, 2011  |   Posted by :   |   Attorney Interest,trust and estate interest   |   1 Comment

Why File a Demurrer:  When I am defending a case, I think about how I can defeat the plaintiff or petitioner’s case.  The demurrer, while a very limited tool, is one tool in my arsenal. Probate Code Section 1000 provides the basis for applying the demurrer statute to probate petitions.  Code of Civil Procedure § 430.10.  […]

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Drafting an Appeal: Civil Unlimited Cases

November 29, 2011  |   Posted by :   |   Attorney Interest,General Interest   |   5 Comments

This blog will discuss the most basic aspects of an appeal that a non-appellate practitioner may want to know about California Unlimited Jurisdiction civil appeals.   (Please note that you cannot rely on this blog for legal advice.  Furthermore, this blog does not create an attorney-client relationship.)  WHEN MUST THE NOTICE OF APPEAL BE FILED There […]

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