Beverly Hills Bar Association
Legislative Updates
California Court of Appeal
 

Legal Updates for February 2007


(1) Conservatorship of Ben C. (Decided February 7, 2007 in San Diego, 2007 Cal. LEXIS 750 (Cal. 2007)

The trial court found that the individual was gravely disabled and unable to provide for his basic needs and that the least restrictive level of placement was a closed, locked treatment facility. Appointed counsel advised the court of appeal that he found no issues to raise. The court of appeal held that the Anders/Wende procedures for frivolous appeals were inapplicable and affirmed the judgment without performing an independent review. In affirming, the court stated that the Anders/Wende procedures were not required in appeals from conservatorship proceedings because a conservatee was not a criminal defendant and the proceedings were civil in nature. The absence of the Anders/Wende procedures did not significantly increase the risk of erroneous resolutions. The court discussed the safeguards in conservatorship proceedings and concluded the trial court's ongoing supervision provided sufficient protection. An equal protection claim lacked merit because criminal defendants and conservatees were not similarly situated. The court disapproved Conservatorship of Margaret L., 89 Cal. App. 4th 675 (2001) and Conservatorship of Besoyan, 181 Cal. App. 3d 34, 226 Cal. Rptr. 196 (1986).


(2) Estate of Burden, (Decided January 16, 2007 in Ventura), 146 Cal. App. 4th 1021 (Cal. Ct. App. 2007)

The objector claimed that he was entitled to one-half of the decedent's estate because he had submitted clear and convincing evidence the decedent had openly held him out as his own child pursuant to Prob. Code, § 6453, subd. (b)(2). The decedent's daughter asserted that a showing greater than that made by the objector was necessary to meet the statute's requirements. The court held that the decedent's acknowledgments during his lifetime that the objector was his son were sufficient to meet the evidentiary burden imposed by § 6453, subd. (b)(2). The decedent did more than privately acknowledge that the objector was his child. This was proven under the clear and convincing evidence standard by the decedent's written acknowledgement that he was a party to conception; his having asked the objector's mother to marry him; and his admissions to his own mother, brother, and sister, as well as to the objector himself and his mother, that the objector was his son. The objector's right to intestate succession did not turn on a judicial determination of paternity, but rather on the factual question whether or not the decedent acknowledged his paternity in the prescribed statutory fashion.


(3) IRS Online Charitable Education.

The IRS has joined the online Internet education movement with a new web site. The www.stayexempt.org site is a very good online education program. The web site includes five different modules to assist in educating the staff of charitable organizations. The five modules cover the basic principles of the following topics: (1) Tax-exempt status (2) Unrelated business income (3) Employment issues for workers (4) Filing the annual Form 990 (5) Required disclosures when requested by donors and other persons.


(4) LASC Department 9 Update.

Judge Levanas is transferring to Santa Monica and Commissioner Reva Goetz (from family law) will be handling Department 9.



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