Is “Bad Faith” Needed for Double Damages Under Probate Code Section 859?

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Brenda C. Bass

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Is “Bad Faith” Needed for Double Damages Under Probate Code Section 859?

March 1, 2021

A recent decision from the California Court of Appeal shows a continued split of authority as to the meaning of California Probate Code section 859, which allows doubles damages for the wrongful taking of property under specified circumstances. In Keading v. Keading (2021) ___ Cal.App.5th ___, the Court of Appeal ruled that a trial court can impose double damages, without a finding of bad faith, if the court finds that a person has…

Judge Finds that Water Boards Have Authority to Regulate Discharges of Dredge and Fill Material as Waste Under Porter-Cologne Water Quality Control Act

By Nicole E. Granquist, Natalie C. Kirkish & Meghan A. Quinn

March 1, 2021

On February 18, 2021, the First Appellate District issued an opinion in Sweeney et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“Sweeney”). The opinion is much anticipated given its relevance to the continued validity of the State Water Resources Control Board’s recently adopted State Procedures for Discharges of Dredged and Fill Material (“Procedures”). The Appellate Court reversed the lower court in the entirety, substantially deferring…

Court May Compel Mediation of California Trust Disputes

February 16, 2021

Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes. In Breslin v. Breslin (Case No. B301382, decided January 26, 2021), the appellate court held that a California probate judge may order the private mediation of trust disputes and then disallow the objections of any nonparticipating parties to a settlement agreement reached in mediation. The upshot of the case, assuming…

Biden’s Inauguration Day Executive Order on Environment and Energy Regulation

By Nicole E. Granquist & Alexandra L. Lizano

January 28, 2021

On his first day in office on January 20, 2021, President Biden signed an Executive Order titled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (the Order). The Order directed federal agencies to immediately begin a review of federal regulations and regulatory action over the last four years. The Order directed agency heads to consider revision, rescission, or suspension of regulations rather than directing any particular course of action.…

Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean Water Act and All Ocean Waters Regardless of Jurisdiction

By Nicole E. Granquist & Meghan A. Quinn

January 22, 2021

On December 17, 2020, the Sacramento County Superior Court substantially limited the scope of waters to which the State Procedures for Discharges of Dredged and Fill Material (“Procedures”) apply through its decision in San Joaquin Tributaries Authority v. State Water Resources Control Board (Case No. 34-2019-80003133). According to the Court, the State Water Resources Control Board (“State Water Board”) exceeded its policy-making and water quality control plan development authority, resulting in the restriction of the…

Judge Joginder Dhillon to Preside, by Zoom, in Sacramento County Probate Department

January 19, 2021

The probate unit of the Sacramento County Superior Court (Department 129) will have a new judge in February 2021. Judge Joginder Dhillon will become the probate judge, replacing Judge Kevin R. Culhane who has served in that role since January 2020.…

First Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR

By Kathryn L. Oehlschlager & Patrick F. Veasy

January 13, 2021

In an opinion filed on December 29, 2020, the First Appellate District in Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board upheld a Responsible Agency’s imposition of additional mitigation more than a year after it had issued an initial approval for the project. Although the court was careful to say that it was addressing “unique circumstances” that would “seldom arise,” the decision is potentially problematic for project proponents, and…

Lights, Cabin, Action! A Showdown Over Jurisdiction and Venue

By Christopher Miles Kolkey

January 11, 2021

One of the first steps before filing a lawsuit is to decide which court has jurisdiction over it and where it is properly venued. It’s a significant choice – not only for strategic reasons, but also because a poor selection may prove fatal to the lawsuit. Such a hefty decision is not always an easy one. The concepts of “jurisdiction” and “venue” can often be confused and tangled, even by experienced lawyers and judges. In…

Take a Fire Prevention Approach to Your Estate Plan

December 28, 2020

As we enter the New Year, it’s a good time to revisit your estate plan. The big question is whether your will, trust, power of attorney, and advance health care directive accomplish your personal objectives. Guidance from an estate planner will help you review your plan in light of tax and other changes in the legal landscape, as well your evolving personal circumstances. Consider also the possibility of family conflict, upon your incapacity or death,…

What a Catch! California Courts Can Adjudicate Claims Against Nonresident Trustees