New Judical Officer to Hear Conservatorships, Trust Matters, and other Probate Cases in Los Angeles Superior Court


Brenda Penny has been elected a Los Angeles Superior Court commissioner, Presiding Judge David Wesley informed judicial officers. Brenda Penny has been hearing the morning probate calendar in Department 5 of the Los Angeles Superior Court, Central District. Commissioner Penny, a former probate attorney for the Court, was elected in balloting by the court’s judges. The Court has had a commissioner post open since David Cowan, who hears Probate Matters in Department 9 of the Los Angeles Superior Court, Central District, was recently appointed as a judge.

At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other cases concerning revocable inter vivos trusts.  Incapacity may be relevant in all of these types of cases.  California law on incapacity can be very complex when it applies. Probate Code section 810 provides for a “rebuttable presumption” with respect to capacity: 810. The Legislature finds and declares the following:

(a) For purposes of this part, there shall exist a rebuttable presumption affecting the burden of proof that all persons have the capacity to make decisions and to be responsible for their acts or decisions.

(b) A person who has a mental or physical disorder may still be capable of contracting, conveying, marrying, making medical decisions, executing wills or trusts, and performing other actions.

(c) A judicial determination that a person is totally without understanding, or is of unsound mind, or suffers from one or more mental deficits so substantial that, under the circumstances, the person should be deemed to lack the legal capacity to perform a specific act, should be based on evidence of a deficit in one or more of the person’s mental functions rather than on a diagnosis of a person’s mental or physical disorder.

We are here to help you and your loved ones.  To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP.  We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Oxnard, Pasadena, San Francisco,  Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. 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. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or by using our online contact form.