How Does Amended California Emergency Rule 9 Affect Probate Proceedings?

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Brenda C. Bass

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How Does Amended California Emergency Rule 9 Affect Probate Proceedings?

June 15, 2020

California causes of action are subject to various statutes of limitation. Unless a plaintiff or petitioner files a complaint or other document asserting a cause of action within the applicable limitations period, the filing will be deemed time barred and subject to dismissal. Under some circumstances, however, statutes of limitation may be tolled or suspended so as to extend the filing period. When the COVID-19 pandemic caused court closures, the California Judicial Council responded with…

Trump Signs Executive Order Allowing Agencies to Bypass NEPA, ESA, and CWA Requirements

By Natalie C. Kirkish & Kathryn L. Oehlschlager

June 9, 2020

On June 4, 2020 President Trump signed an Executive Order titled “Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities,” allowing—and, in fact, directing—federal agencies to circumvent environmental permitting requirements in order to expedite infrastructure projects. The Order is based on the President’s March 13, 2020 declaration of national emergency due to the Novel Coronavirus Disease (“COVID-19”) outbreak and the resulting dramatic downturn in the economy; apparently, the…

California Powers of Appointment: Follow Instructions When Exercising

By N. Aaron Johnson

June 8, 2020

In California, a trustor (person who creates a trust) can confer a “power of appointment” on trust beneficiaries, empowering them to designate to whom they want to give their shares of the trust. The trustor can require trust beneficiaries to specifically exercise and refer to the power of appointment in any will they create to designate who should get their shares of the trust. What happens if a trust beneficiary creates a will that gives…

What California Trust and Estate Litigation Will Arise from the Economic Downturn?

June 1, 2020

The COVID-19 pandemic has idled workers and the coming weeks will bring more news of business closures and bankruptcies. After a decade of sustained growth, we are facing a recession of uncertain depth and duration. The New York Times recently reported that some Americans are turning (or perhaps returning) to “financial therapy” for support. In the trust and estate world, how dark are the approaching storm clouds? More specifically, how might the economic downturn cause…

COVID-19 Alert: Judicial Council Amends Emergency Rule 9 for CEQA and Planning Cases

By Christian L. Marsh & Hina Gupta

June 1, 2020

On May 29, 2020, the Judicial Council of California issued a Circulating Order to amend its earlier-issued Emergency Rule 9 in order to shorten the time for tolling statutes of limitations for all civil causes and provide a fixed date, including for causes of action arising under the California Environmental Quality Act (CEQA) and State planning and zoning laws. Under the amended Emergency Rule 9, the tolling period for civil actions with limitations periods that…

Second Appellate District Expands Baseline Analysis in Upholding Environmental Impact Report for Refinery Project Intended to Help Reduce Air Pollutants

By Kathryn L. Oehlschlager, Darrin D. Gambelin & Patrick F. Veasy

May 29, 2020

Last month, the Second Appellate District upheld the South Coast Air Quality Management District’s (“Air District”) Environmental Impact Report (“EIR”), which the Air District prepared to analyze the environmental impacts of a refinery project that was intended to increase compliance and help reduce air pollution. Communities for a Better Environment v. So. Coast Air Quality Mgmt. Dist., Case No. B294732 (Apr. 7, 2020). The project applicant owns and operates two adjacent oil refining facilities in…

Third Appellate District Voids City Council Vote Based on Legislative Member’s Bias

By Christian L. Marsh & Hina Gupta

May 27, 2020

On May 8, 2020, the Third Appellate District, certified for publication its earlier decision in Petrovich Development Co. LLC v. City of Sacramento (C087283), where the Court, in a rare decision, voided a city council’s denial of a conditional use permit (CUP) upon finding that one of the councilmembers was impermissibly biased against the project; thus, denying the project applicant a “fair hearing.” The city councilmembers, when acting in a quasi-judicial capacity as adjudicators…

Helping Families and Solving Problems – A Conversation with Trust Officer Alysia Corell from Exchange Bank

May 25, 2020

Bank trust departments, also referred to as corporate trustees, provide professional management to the administration of California trusts. People may choose to name a bank to act as successor trustee when they can no longer manage their own assets, either because they don’t have family members they can count on to handle assets or because they don’t want to burden family members with the role. Sometimes family members or a court may appoint a bank…

California Court May Award Attorney’s Fees to Financial Elder Abuse Plaintiff Who Does Not Prove Damages