Randolf Krbechek's (krbechek) Blog

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RECENT BLOG POSTS
The courts are increasingly faced with the cases involving the interpretation and enforcement of estate planning trusts. In Diaz v. Bukey (May 10, 2011) 2011 DJDAR 6650, the court concisely framed the dispute: “The beneficiary of a trust petitions to remove her sister as trustee of their parents'...
05/13/2011
In McMackin v. Ehrheart (April 8, 2011) 2011 DJDAR 5122, the court of appeal held that a Marvin-based palimony claim under California law could be asserted against an estate more than three years after the decedent’s death. We remark on the extent to which the law is willing to allow a person to ...
04/16/2011
Scholars trace the creation of the English common law to the second half of the 12th century, at the time of Henry II. Explains scholar R.C. Van Caenegem in The Birth of the English Common Law (Cambridge Univ. Press 1973), “the Common Law of England – so different from the jus commune or common l...
04/11/2011
The law of eviction, or unlawful detainer, has roots that extend back hundreds of years. Here in California, where everyone has the opportunity to make a fresh start, we sometimes forget the past and how it affects our laws. Yet in eviction, which is properly referred to as “unlawful detainer,” t...
04/01/2011
Another in a recent wave of California cases has hit the nail on the head, holding that the trustee can be held liable for debts, but not the trust itself. The reason is elementary – a trust is a relationship, not an entity. This rule has roots that run back hundreds of years. It explains a numbe...
03/20/2011
A new decision has made an important change concerning he liability of real estate brokers in the context of a bankruptcy. Specifically, the decision in In re Honkanen, 2011 DJDAR 3358 (9th Cir. Bankruptcy Appellate Panel March 4, 2011) holds that a real estate broker can obtain a discharge from ...
03/13/2011
The decision in Smith v. Home Loan Funding, Inc. (Feb. 25, 2011) 2011 DJDAR 2968 may have satisfied a “feel good” impulse at the Court of Appeal. However, it seems that Justice Gilbert jumped the rails when he affirmed the award of damages. Even more, he awarded attorney’s fees when there was no ...
03/04/2011
The decision in Bonfigli v. Strachan (Feb. 24, 2011) 2011 DJDAR 2893 is a reminder not to press for advantage when using a power of attorney. The defendant was a developer who used a power of attorney to reconfigure two parcels so that he got to keep the land, but did not have to pay the seller. ...
02/28/2011
The opinion in In re Marriage of Fossum (Feb. 1, 2011) 2011 DJDAR 1629 focused on the characterization of a house that was owned by Edward and Sandra Fossum. Like many couples, title was taken in the name of one spouse to obtain better credit terms. The court found that the house was community pr...
02/20/2011
For anyone dealing with distressed mortgages, the story about the lender who said it would “work” with a defaulted loan, only to abruptly proceed to foreclosure, is all-to-familiar. A legal challenge against the lender must be based on existing legal precedent. The January 2011 decision in Aceves...
02/13/2011
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