Newcomers to probate litigation are frequently surprised by how differently things work in probate court, as opposed to your more straightforward civil courts. (And how do those newcomers know how civil courts work? Law & Order, I’m guessing.) For example, in civil litigation, a plaintiff will typically pursue claims for him or herself. It is very rare
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California Supreme Court Reverses First District Court of Appeal’s Decision in UC Berkeley People’s Park Student Housing Case
The California Supreme Court, on June 6, 2024, reversed the First District Court of Appeal’s decision regarding UC Berkeley’s Long Range Development Plan (LRDP) EIR. The Supreme Court’s unanimous decision clears the way for UC Berkeley to resume construction on the controversial residential development at People’s Park and to implement its long-term campus plan.
In…
Didn’t Stick the Landing: Despite Legal Artistry, You Still Can’t Amend a Trust with an Electronic Signature
Regular readers of this blog have already noted my particular enthusiasm for creativity in legal arguments. I am not a judge (Hi Judge Galvin!), but if I were, I would be sorely tempted to pattern my unique brand of judicating after gymnastics judges, who dutifully award points for artistry as well as execution.
And that’s…
Project’s Completion Did Not Moot CEQA Claim
Introduction
On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46. In the published portion of the case, the Court held that the completion of a project to reconstruct a gun range (“Project”)…
Flying Too Close to the Sun: The Scope of a No-Contest Clause Disinheritance Under Key v. Tyler
This blog has previously mentioned the most common question we hear when people find out we work in probate litigation: “What can I do to make sure my family doesn’t fight over my property after I die?” Because I am a Fundamentally Honest Person (FHP for short!), I usually tell them the truth: “Nothing, really.”…
The Future [of] Flood Risk Data
I had the opportunity this week to attend a National Association of Flood and Stormwater Management Agencies (NAFSMA) Mentoring Session on the Future [of] Flood Risk Data. This session, offered by NAFSMA in partnership with FEMA and including other interested parties, educated folks on several FEMA missions and discussed how those missions should handle the…
U.S. Supreme Court rules that legislatively-imposed permit conditions must satisfy the ‘essential nexus’ and ‘rough proportionality’ tests for takings
In a highly-anticipated case revolving around development impact fees, the U.S. Supreme Court unanimously held in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024) that legislatively-imposed conditions on building permits are not exempt from scrutiny. Although the decision can certainly be characterized as a victory for those facing sometimes exorbitant impact fees, the…
Haggerty v. Thornton Overcomes a Four-on-One Advantage and Scores a Slam Dunk for Trust Settlors
For centuries, serious legal scholars have debated what is possibly the most vital question of our times: in what ways, if any, does our judicial system differ from basketball? Now, thanks to the California Supreme Court’s recent decision in Haggerty v. Thornton (2024) 15 Cal.5th 729, we finally have an answer.
Longtime readers of…
Fourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 Exemption
In Hilltop Group, Inc. v. County of San Diego (2024) 99 Cal.App.5th 890, the Fourth District Court of Appeal ruled that plaintiff Hilltop Group, Inc. (“Hilltop”) could proceed with developing a recycling facility, over the objections of community groups and the San Diego County Board of Supervisors (“Board of Supervisors” or “Board”). The proposed North…
Army Corps of Engineers Publishes Draft Agency Specific Procedures To Implement The Principles, Requirements, and Guidelines for Federal Investments in Water Resources
Our April 26, 2023 article noted that the Principles, Requirements, and Guidelines (PR&G) are about money. The Federal government has a lot of money. Even in an era of budget cutting, it still has a lot of money, and it chooses to spend that money on a whole bunch of different things. One category of things it spends…