Malott v. Summerland Sanitary District (2020) 55 Cal.App.5th 1102
Dec 19, 2020OUTCOME: Reversed
Whether a proeprty owned has preserved the right to challenge a sewer district assessment.
Herb Fox's Legal Cases (20)
Los Angeles, CA
Appeals Lawyer at Los Angeles, CA
Practice Areas: Appeals
Doe v. Marten (2020) 49 Cal.App.5th 1022
Jun 04, 2020OUTCOME: Reversed
Under what circumstances is a medical doctor equitably estopped from asserting a statute of limitations defense to a medical malpractice lawsuit?
Surfrider Foundation v. Martins Beach LLC (2017) 14 Cal.App.5th 238
Aug 09, 2017OUTCOME: Affirmed
Whether the owner of a popular beach must obtain a permit from the Coastal Commission to limit access that was historically provided to the public.
Aldana v. Stillwagon (2016) 2 Cal.App.5th 1
Aug 03, 2016OUTCOME: Reversed
Whether the MICRA statute of limitations for medical malpractice applies to a vehicular accident between an ambulance and another automobile that is unrelated to the emergency call.
Schneer v. Laurado (2015) 242 Cal.App.4th 1276
Dec 09, 2015OUTCOME: Reversed
California had home state jurisdiction to make initial child custody determination, as child previously had lived in California for six months.
Mitchell v. Superior Court (2015) 243 Cal.App.4th 269
Dec 04, 2015OUTCOME: Reversed
Whether Form Interrogatory 12.1 requires disclosure of witnesses to the damages claimed by a personal injury plaintiff.
Marriage of Rosenfeld and Gross (2014) 225 Cal.App.4th 478
Apr 11, 2014OUTCOME: Reversed
Whether parents can agree to prohibit modification of a provision governing adult child support.
In re Estate of Lira (2012) 212 Cal.App.4th 1368
Dec 26, 2012OUTCOME: Judgment affirmed.
The will and trust of Oligario Lira named his three natural children and three of his six stepchildren as beneficiaries. Oligario executed his will and trust while he was married to Mary Terrones, the ... mother of his stepchildren, but after she had commenced dissolution proceedings. The judgment dissolving their marriage was entered four months before Oligario's death. Oligario's natural daughter, appellant Mary Lira Ratcliff (Mary Ratcliff) challenged his will and trust. She contended that Oligario's donative transfers to his stepson beneficiaries were disqualified under Probate section 21350, subdivision (a)(2),2 because they were related to the lawyer who drafted the will and trust (Oligario's step-grandson).3 In opposition, respondent Robert Terrones, successor trustee of the trust (Robert) claimed that the disqualification did not apply because Oligario (the transferor) was related by marriage to his stepson beneficiaries. (§ 21351, subd. (a).) The trial court concluded that the transfers were valid because section 21351, subdivision (a) exempted them from disqualification. Mary Ratcliff contends that the section 21351, subdivision (a) exemption did not apply because the transfers did not occur until after Oligario's death, and after the end of his relationship with his stepsons. We hold that the section 21351, subdivision (a) exemption from disqualification applies where the transferor and transferee are related at the time that the transferor executes the donative instruments. Section 21351, subdivision (a) does not require that the transferor and transferee be related upon the death of the transferor. In this case, Oligario was related to his stepson beneficiaries upon his execution of the donative instruments. Accordingly, the Court of Appeal concluded that his transfers to them were valid and affirm the findings and orders of the trial court.
Parks v. Safeco Insurance Co. (2009) 170 Cal.App.4th 992
Jan 28, 2009OUTCOME: Affirmed
Under what circumstances must an insurance company search its own records to determine whether it issued a policy that might cover a claim? Here, a 17 year-old minor whose parents were divorced, tender ... ed a claim under a policy insuring the home where her mother lived. The insurance company denied coverage because the minor actually lived with her father and grandmother. But the insurance company failed to disclose that it had also issued a policy covering the grandmother’s home. The Court of Appeal found that under these unique circumstances, an insurance company has a duty to search its own records for the existence of an insurance policy that might cover the claim, and it affirmed a $3.2 million bad faith judgment.
Reyes v. Van Elk Ltd., Inc. (2007) 148 Cal.App.4th 604
Mar 14, 2007OUTCOME: Reversed
Does an undocumented worker have the right to sue for payment of minimum wages after performing labor for the benefit of the employer? In this class action suit on behalf of laborers on a public works ... project in Los Angeles, the trial court found that workers who were not lawfully in the U.S. had no right to enforce the minimum wage laws applicable to their job. The Court of Appeal reversed, finding that disallowing undocumented workers from enforcing their right to be paid lawful wages would only encourage employers to hire and exploit them.
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