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  • Part III - Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement
    Part III - Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement

    To continue our blog on Diaz v. Bukey (195 Cal.App.4 th 315 (2011)), Marie L. Bukey (trustee, defendant and appellant) appealed the trial court's decision denying the petition to compel arbitration. ...

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  • Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement
    Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement

    Arbitration is a resolution technique in which a dispute is resolved by an impartial adjudicator outside the court system; and wherein the parties to the dispute agree to be bound by the adjudicator's ...

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  • Part III - Filing of Petition within 120 Days Even if Notice was Not Served Does Not Time-Bar the Petition
    Part III - Filing of Petition within 120 Days Even if Notice was Not Served Does Not Time-Bar the Petition

    Continuing our blog on Straley v. Gamble; Steven Straley (decedent's son; plaintiff and appellant) appealed the trial court's ruling stating that Steven's petition was time-barred by Probate Code ...

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  • Filing of Petition within 120 Days Even if Notice was Not Served Does Not Time-Bar the Petition
    Filing of Petition within 120 Days Even if Notice was Not Served Does Not Time-Bar the Petition

    What happens when a petition was filed on time in accordance with Probate Code section 16061.7 but notice was not served within the specified time limits? The California Court of Appeal, in a ruling, ...

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  • A Trust is Not an Entity and Judgment Against it is Unenforceable
    A Trust is Not an Entity and Judgment Against it is Unenforceable

    The Third District Court of Appeal ruled that a trust is not an entity and cannot hold title to property; thus, it cannot sue or be sued. Any judgment brought against a trust is unenforceable. This ...

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  • Part III:  Five by Five Clause
    Part III: Five by Five Clause

    Kenneth appealed the trial court's decision stating that Margaret Cairns' intent was to prevent Grant from waiting until "after the close of a year to 'catch up.'" Accordingly, for each year the ...

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