Patton Sullivan Brodehl LLP

The bankruptcy process is often straightforward: the debtor’s debts are discharged, creditors take a haircut of varying degrees, and life moves on. But some bankruptcy proceedings give birth to complicated agreements that can… more

Appeals, Appellate Courts, Breach of Contract, Commercial Bankruptcy, Contract Disputes

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Ralph Kokka

Failure to Pay Attention to Trustee Notice Can Be Fatal

Understanding the significance of trustee notice, as mandated by Probate Code Section 16061.7, is crucial in trust administration. This notice is required upon the occurrence of certain events, most notably, when a trust… more

Beneficiaries, Heirs, Inheritance, Irrevocable Trusts, Motion to Compel

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Randy Sullivan

One Year Statute Of Limitations On Promises Of Decedent Does Not Apply To Petition To Enforce Trust Amendment

A recent California appellate case clarifies the application of the statute of limitations to trust amendments. In Smith v. Myers (2024) 103 Cal.App.5th 586, a dispute arose between the decedent’s children and his widow… more

Beneficiaries, Beneficiary Designations, Cal Code of Civil Procedure, Enforcement, Statute of Limitations

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Zachary Young

How Far Must the Owner of a Right-of-Way Easement Go to Maintain It?

California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement. What is less clear is how far that duty to maintain may stretch… more

Appeals, California, Deeds, Duty to Maintain, Easements

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Daniel Zarchy

Court Rules Grower Cannot Use Access Easement for Cannabis Purposes Without Servient Landowner’s Consent

While many Californians consider the legality of cannabis to be settled law, the ongoing conflict between California and federal laws on the subject continue to give rise to unexpected outcomes when it comes to real property… more

Appeals, Cal Code of Civil Procedure, California, Cannabis-Related Businesses (CRBs), Easements

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