Trial Update, Etc.

Attorney Yasha Bronshteyn of Ginzburg & Bronshteyn, LLP successfully completed a conservatorship trial in the Los Angeles Superior Court, Central Branch. Judge William Barry presided over the trial. Dr. David Trader, a geriatric psychiatry specialist provided key testimony.

Issues / arguments at trial included:

The Petition to Transfer is in proper compliance with California Probate Code Section 2001 et seq., which states that a conservator appointed in California may petition the court to transfer the conservatorship to another state, assuming certain requirements are met. Prob. Code §2001.

The conservator may also establish the conservatee’s residence outside of California, but only with court permission. Prob. Code § 2352(c). An order allowing the conservator to establish the conservatee’s residence out of state must “require the . . . conservator either to return the . . . conservatee to this state, or to cause a . . . conservatorship proceeding or its equivalent to be commenced in the place of the new residence, when the . . . conservatee has resided in the place of new residence for a period of four months or a longer or shorter period specified in the order.” Prob. Code § 2352(d).

Undue influence is defined by the Probate Code as having the same meaning as defined in Section 15610.70 of the Welfare and Institutions Code. Cal. Prob. Code § 86. However, Probate Code section 86 only supplements the “common law meaning of undue influence without superseding or interfering with the operation of that law.” Id.

Our experienced Los Angeles conservatorship attorneys are here to help clients in Santa Monica, Orange County and throughout Southern California defend their rights under the law.

On a different note on July 17, 2018, firm partner, Yasha Bronshteyn, was able to attend at the Lunch Series with Keck School of Medicine Dean Laura Mosqueda. Dr. Mosqueda is the co-director of the National Center on Elder Abuse. Prior to joining USC, Dr. Mosqueda served for 16 years at the University of California, Irvine School of Medicine as associate dean of primary care, chair and professor of family medicine and geriatrics, and holder of the Ronald W. Reagan Endowed Chair in Geriatrics. Dr. Mosqueda has always been an advocate for the elderly.  The lunch series was both informative and described a purpose driven approach to medicine and social justice. Dr. Mosqueda is an amazing addition to the USC Keck School of Medicine.

Lastly, Los Angeles Probate Division announced changes to judicial assignments. Effective August 20, 2018, the Probate Division at the Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, 90012, will implement the following changes: The Honorable Judge Michael C. Small is reassigned from Department 48 of the Clara Shortridge Foltz Criminal Justice Center to Department 5 (Probate Division) of the Stanley Mosk Courthouse. The reassignment was necessary as Maria E. Stratton, formerly presiding in Department 5, has been appointed associate justice, Division Eight of the Second District Court of Appeal.

We are here to help you and your loved ones.  To discuss your needs and discover your options, consult the Los Angeles incapacity, conservatorship,  and trust litigation 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, Marin County, Mission Viejo, Newport Beach, Oxnard, Palo Alto, Pasadena, San Francisco, San Juan Capistrano, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, Tustin, Ventura, 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, (818) 787-1011 in Westlake Village, (714) 280-0601 in Orange County, (415) 465-6555 in Northern California, or by using our online contact form.

Once again Conservatorships, while intended to exist for the benefit of the protected person, can sometimes become complicated and contentious. If you find yourself in a conservatorship that has become legally combative, consult the conservatorship attorneys at Ginzburg & Bronshteyn. Our experienced Los Angeles conservatorship attorneys are here to help clients in Santa Monica, Ventura County, Orange County, Northern California and throughout Southern California defend their rights under the law. To contact our skilled attorneys, please contact Ginzburg & Bronshteyn, LLP online or call us at (310) 914-3222, (415) 465-6555, (714) 280-0601, or (818) 787-1011.