CEB

Continuing Education of the Bar

Hello CEBblog Community! We are introducing exciting changes at CEB. CEB’s new membership-based community for California attorneys has launched. Though we’ll keep our blog up for now, we will no longer add new content here. Instead, new current awareness articles, for every practice area that CEB covers, as well as real-time law alerts, will be published on our new community platform. Access to all of these law articles, new current awareness articles, as well as…
After the death of the settlor of a single-person revocable trust, one of the trustee’s first tasks is to gather the information required to properly administer the trust and inventory the trust’s assets. This checklist makes it much easier to get everything needed. Gather the following information and documents: ___ 1. Originals of all wills and codicils. ___ 2. Originals of all trusts and amendments established by decedent. ___ 3. Most recent bank statements for…
When a contract has been breached and it’s clear that performance won’t continue, plaintiff’s counsel needs to consider what damages are recoverable before filing a complaint, and then how to prove them. First, do this analysis before deciding to file suit: Figure out what the actual damages are. Although many cases deal with the measure of damages for breach of contract, no hard and fast rules can be stated because often the outcome depends on…
When writing a letter to the opposing side or your client, the most important goal is to be clear and understood. You can’t be effective in making your point if your writing style obscures your message. Be brief. Get to the point quickly and avoid unnecessary words. Give brief explanations and instructions. Keep in mind that overexplaining may make your position appear weak. Remember that the reader can also request additional information if needed. Use…
A recent appellate decision provides a novel rationale for litigating no contest clauses that could be considered unenforceable under current law. With limited exceptions, a no contest clause may be enforced only against a direct contest brought without probable cause. Prob C §21311(a). A direct contest is a contest that alleges the invalidity of a protected instrument on specified grounds, including forgery, lack of due execution, lack of capacity, and menace, duress, fraud, or undue…
Hoarding in a rental unit can cause significant health and safety issues, such as pest infestations, mold problems, and increased fire risk. And these issues can go beyond the tenant’s unit to put other tenants at risk. So what can a landlord do about it? The landlord’s first reaction to a hoarding situation may be to terminate the tenancy or serve a Notice to Cure or Quit.  But, because hoarding has been recognized as a…
When it comes to job applications and pre-employment interviews, there are certain topics that are off limits.  Here are seven topics to stay away from. Age. Employer policies that use age as a hiring criterion are generally unlawful under the Fair Employment and Housing Act (FEHA) (see Govt C §12940(a)) and the Age Discrimination in Employment Act of 1967 (ADEA) (29 USC §§621–634). Employers must be careful about inquiries seeking information that could be used…
If you don’t have, or drop, malpractice insurance, here’s what you must do. Under California Rules of Professional Conduct 1.4.2 (replacing former Cal Rules of Prof Cond 3-410), lawyers must disclose in writing the absence of professional liability insurance. This disclosure must be made directly to a client at the outset of the attorney-client relationship when the lawyer knows or reasonably should know that the total amount of time to be used in representing the…
One of the ways to revoke a will is by mutilation or destruction. But is ripping up or burning a will sufficient to revoke it? By itself, no. For destruction of a will to effect its revocation, there must be a union of intent and act. Intent alone and destruction alone are insufficient. See Prob C §6120(b). Under Prob C §6120(b), a will can be revoked by being burned, torn, canceled, obliterated, or destroyed, with…
Interrogatories are powerful—they allow you to ask questions and then use the answers at trial. But you’re limited as to who you may serve with interrogatories. Here are the four main categories of who can be served with interrogatories. You may serve any party. The rules is clear that you can only serve interrogatories on parties. CCP §2030.010(a). That usually means the adverse party, but you may also serve them on any other party. CCP…