2022 Probate Cases Update and New Team Member

Ginzburg & Bronshteyn, is excited to announce that Rachel Rosenfeld will join our team of dedicated professionals as Of Counsel. Rachel brings excellent experience as a Trust Litigator, Los Angeles incapacity and estate planning attorneys. She attend California State University, Long Beach, BA 2007 and Golden Gate University School of Law., 2013.

Attorney Rachel Rosenfeld represents individuals, trustees, fiduciaries, and administrators in estate and trust litigation matters. Rachel has experience practice including handling probate and trust administration matters. She has previous experience representing clients in civil, administrative, and family law proceedings. Rachel is a former corporate legal services senior manager for Charles Schwab and served as a law clerk for the San Francisco Public Defender’s Office and the United States Attorney’s Office, Northern District.

If you or someone you know is dealing with a dispute over the administration or execution of trust or estate in California, you should contact an experienced trusts and estates litigation attorney to ensure your interests are represented.

Recently decided California Supreme Court Case affects Trust Litigation.

Ca.Supreme Court rules can recover costs of exhibits not used at trial. Segal v. ASICS America Cor.

“A prevailing party in civil litigation is entitled to recover costs incurred in the litigation. (Code Civ. Proc., § 1032, subd. (b).) Code of Civil Procedure section 1033.51 sets forth

specific items of costs that are allowed or prohibited. (§ 1033.5, subds. (a), (b).) The statute also authorizes the trial court in its discretion to award or deny an item of costs not mentioned in this section. (§ 1033.5, subd. (c)(4).)

We granted review to resolve a conflict among the Courts of Appeal regarding whether costs incurred in preparing photocopies of exhibits and demonstrative aids for trial are recoverable under section 1033.5 even if they were not ultimately used at trial. In this case, the Court of Appeal held that such exhibit-related costs are recoverable under section

1033.5, subdivision (a)(13) (hereinafter section 1033.5(a)(13)), which allows the recuperation of costs for models, enlargements, and photocopies of exhibits “if they were reasonably helpful to aid the trier of fact.” The court further held that such costs may be awarded in the trial court’s discretion under section 1033.5, subdivision (c)(4) (hereinafter section 1033.5(c)(4)).

For the reasons set forth below, we conclude that costs related to unused photocopies of trial exhibits and All further statutory references are to the Code of Civil Procedure unless otherwise indicated. demonstratives are not categorically recoverable under section 1033.5(a)(13), but they may still be awarded in the trial court’s discretion pursuant to section 1033.5(c)(4). Accordingly, we affirm the Court of Appeal, although on slightly narrower grounds.

 2021 cases specifically affecting Probate and Trusts Law, including:

– Keading v. Keading, holding that Probate Code §859 authorizes an award of “double damages” for financial abuse without a separate finding of bad faith
Breslin v. Breslin, holding that the Court has the power under Probate Code §17206 to order parties to mediation
Dunlap v. Mayer, holding that a court may not dismiss a petition under Probate Code §17206 where contested issues of fact exist


Looking forward to LACBA- Los Angeles County Bar Association – Trust and Estate Section presentations:

A View from the Bench

Typically current Los Angeles Superior Court Probate judges provide there perspective on litigation, court procedure, and new law.
Date: March 24, 2022, 12:15 p.m. to 1:15 p.m.

Via Zoom Webinar. More information to be announced.

2022 Trusts and Estates Lecture Series
The Importance of Subtrust Funding
Date: April 11, 2022, 12:30 p.m. to 1:30 p.m

A presentation regarding subtrust funding on the first and second death, as well as a discussion of the implications of subtrust funding on taxes, the step-up in basis, and beneficiaries’ rights. The speakers will also discuss common errors in subtrust funding. Via Zoom Webinar.

Lastly, starting January 31, 2022, Judge Ruben Garcia will be assigned to Department 9 (Probate Department) at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles. All matters previously assigned to Dept. 9 will be assigned to Judge Garcia for all purposes.  Judge Garcia will take over for Judge Clifford Klein who retired from the Los Angels Superior Court-Probate Division in 2021.

We provide invaluable, creative, efficient and cost-effective legal services.  We strive for optimal results. To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, APC. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Berkeley, Beverly Hills, Calabasas, Camarillo, Carlsbad, Del Mar, Encino, Escondido, Hermosa Beach, Hidden Hills, Irvine, Lake Sherwood,La Jolla, Malibu, Marin County, Oxnard, Pasadena, Palo Alto, Poway, Rancho Bernard, San Diego,  San Francisco, San Rafael, Santa Barbara, Santa Monica, Sherman Oaks, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles,Westlake Village, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. If you or someone you know is dealing with a dispute over Family Law, the administration or execution of trust or estate in California, you should contact an experienced trusts and estates litigation attorney to ensure your interests are represented. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Our experienced Los Angeles conservatorship attorneys are here to help clients in Ventura County, Los Angeles, Orange County, Northern California, San Diego, and throughout Southern California defend their rights under the law. If you have questions about a loved one’s mental capacity, call the law firm of Ginzburg & Bronshteyn, APC at (310) 914-3222, (415) 465-6555, (858) 605-4565, or (818) 787-1011, or reach us by using our online contact form.