Tag Archives: Probate

Proceedings

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Proceedings in California

Transnational Proceedings

Welcome to the California legal encyclopedia's introductory part covering the transnational proceedings laws of California, with explanations of the various implications of transnational proceedings in California and the statutes enforced in California in connexion with transnational proceedings. This introductory section covers case law related to transnational proceedings in California, the legal approach on transnational proceedings in the United States and related topics. The information below provides an California-specific general overview of the legal regime of transnational proceedings in California.

Transnational Proceedings in relation to Bankruptcy Law

This section analizes the legal issue of transnational proceedings in this context.

Pretrial Proceedings and Preliminary Matters

Welcome to the California legal encyclopedia's introductory part covering the pretrial proceedings and preliminary matters laws of California, with explanations of the various implications of pretrial proceedings and preliminary matters in California and the statutes enforced in California in connexion with pretrial proceedings and preliminary matters. This introductory section covers case law related to pretrial proceedings and preliminary matters in California, the legal approach on pretrial proceedings and preliminary matters in the United States and related topics. The information below provides an California-specific general overview of the legal regime of pretrial proceedings and preliminary matters in California.

Pretrial Proceedings and Preliminary Matters in relation to Criminal Law & Procedure

This section analizes the legal issue of pretrial proceedings and preliminary matters in this context, and provides information on its relation with Pretrial Proceedings and Preliminary Matters.

Proceedings

Welcome to the California legal encyclopedia's introductory part covering the proceedings laws of California, with explanations of the various implications of proceedings in California and the statutes enforced in California in connexion with proceedings. This introductory section covers case law related to proceedings in California, the legal approach on proceedings in the United States and related topics. The information below provides an California-specific general overview of the legal regime of proceedings in California.

Proceedings in relation to Probate, Estates and Trusts

This section analizes the legal issue of proceedings in this context, and provides information on its relation with Administration of Estates.

Declaratory Judgments and Related Proceedings in California: General Overview

This entry offers readers with practical insight to the subject of declaratory judgments and related proceedings in California, a general introduction to the legal issues relating to declaratory judgments and related proceedings under California law and practice.

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Settlement

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Settlement in California

Good Faith Settlements

All litigators need to know the statutory rules governing good faith settlements.

By Gilda R. Turitz. She is a partner and litigation practice group leader at Sideman & Bancroft in San Francisco.

When one defendant in a multiparty case settles for a low amount, an issue often arises as to whether the settlement has been entered in “good faith.” The issue is important because a key California statute enables a party who settles in good faith to leave the litigation and exempts them from certain cross-claims asserted by the other defendants.

Statutory Procedure

Settlements are supposed to bring warring litigants peace and finality, but that goal may be jeopardized when non-settling defendants challenge a pre-verdict or pre-judgment settlement between the plaintiff and some – but not all – joint tortfeasor or co-obligor defendants. The challenge usually comes in the form of an objection that the settlement lacks the requisite good faith to qualify for the protective statutory cloak that would shield the settling party from the cross-claims asserted by other defendants for equitable comparative contribution or indemnity based on comparative negligence or comparative fault. Moreover, a good faith settlement will reduce the plaintiff’s claims against the non-settlors by the amount stipulated in the release, dismissal, or covenant not to sue or enforce judgment, or by the amount of consideration paid to the plaintiff, whichever is greater. (See Cal. Civ. Proc. Code §§ 877 and 877.6.)

Any party can apply to the superior court for a good faith determination under alternative procedures of section 877.6(a) by a formal motion or a simple notice served by certified mail. A party asserting the lack of good faith (which is a question of fact) bears the burden of proof. (§ 877.6(d).) The battle regarding a disputed good faith claim usually focuses on the factors explained in Tech-Bilt, Inc. v. Woodward-Clyde & Associates (38 Cal. 3d 488 (1985)) and its progeny. The issue is whether the settlement is so far “out of the ballpark” that it is inconsistent with the statute’s dual goals of encouraging settlements and equitably allocating costs among multiple tortfeasors.

Proportionate Liability

The predominant factor under Tech-Bilt is that the settlement amount cannot be “grossly disproportionate to what a reasonable person, at the time of the settlement, would estimate the settling defendant’s liability to be.” (38 Cal. 3d at 499.) Although a monetary sum is easily quantified, total settlement value must factor in any nonmonetary considerations. Admissible evidence is required to prove value and the settlor’s proportionate liability, and expert affidavits in support may be necessary on both issues.

Financial Reality

Courts recognize that a settlor may pay less in settlement than it would be found liable for at trial, especially if its financial resources are limited. The good faith determination requires adequate and admissible evidence of the settling defendant’s net worth and any insurance or claimed noncoverage. An objecting party may properly seek a continuance of the good faith hearing to marshal evidence, including taking discovery, to support its burden of proof on the financial issues. If discovery is sought, the settlor may seek a protective order to limit financial disclosures.

Although courts are quite flexible in applying the good faith analysis, a settlement will not qualify as valid under section 877.6 if the evidence demonstrates that the settling parties engaged in conduct aimed at injuring the non-settlors’ interests. A collusion finding may be supported by a disproportionately low settlement figure entered into solely to immunize the settlors from a cross-complaint. (See Mattco Forge, Inc. v. Arthur Young & Co., 38 Cal. App. 4th 1337 (1995).) However, if the settlement resulted from a mediation or judicially hosted settlement conference, there is a much better chance that it will meet the good faith standard.

Make It Conditional

If settling parties anticipate a challenge, they should consider conditioning the settlement upon the court’s approval. Otherwise, if the court finds lack of good faith, the settling defendants will still be bound to pay, and they will face continuing potential exposure to indemnify non-settlors.

Dismissing Cross-Complaints

A good faith settlement order does not by itself dismiss indemnity and contribution cross-complaints. The settling defendant must move for that relief, and the motion can be made concurrently with or immediately following the good faith hearing.

Appellate Relief

Any aggrieved party may file a petition for writ of mandate within 20 days after written notice of the good faith ruling. (Cal. Civ. Proc. Code § 877.6(e).) Because there is no right to appeal from a good faith settlement order, to contest the trial court’s ruling, a party should promptly file a writ. Waiting to pursue appellate relief until after a judgment is entered will usually be too late.

The rules governing settlement are designed to be efficient and user-friendly. And any lawyer in a multiparty case is well advised to not only be aware of them, but also to understand both their potency and their limitations.

California Settlement

This section covers California-specific basic information on settlement and related topics. Many of California's laws on settlement are similar to those of other U.S. states, with some differences (in some cases, minor differences). California settlement laws on settlement are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on settlement, which is a basic matter in California law.

Settlement Contracts

Welcome to the California legal encyclopedia's introductory part covering the settlement contracts laws of California, with explanations of the various implications of settlement contracts in California and the statutes enforced in California in connexion with settlement contracts. This introductory section covers case law related to settlement contracts in California, the legal approach on settlement contracts in the United States and related topics. The information below provides an California-specific general overview of the legal regime of settlement contracts in California.

Settlement Contracts in relation to Commercial Law

This section analizes the legal issue of settlement contracts in this context, and provides information on its relation with Contracts.

Settlement of Small Estates

Welcome to the California legal encyclopedia's introductory part covering the settlement of small estates laws of California, with explanations of the various implications of settlement of small estates in California and the statutes enforced in California in connexion with settlement of small estates. This introductory section covers case law related to settlement of small estates in California, the legal approach on settlement of small estates in the United States and related topics. The information below provides an California-specific general overview of the legal regime of settlement of small estates in California.

Settlement of Small Estates in relation to Probate, Estates and Trusts

This section analizes the legal issue of settlement of small estates in this context, and provides information on its relation with Administration of Estates.

Settlements; Agreements on Compensation

Welcome to the California legal encyclopedia's introductory part covering the settlements; agreements on compensation laws of California, with explanations of the various implications of settlements; agreements on compensation in California and the statutes enforced in California in connexion with settlements; agreements on compensation. This introductory section covers case law related to settlements; agreements on compensation in California, the legal approach on settlements; agreements on compensation in the United States and related topics. The information below provides an California-specific general overview of the legal regime of settlements; agreements on compensation in California.

Settlements; Agreements on Compensation in relation to Workers' Compensation

This section analizes the legal issue of settlements; agreements on compensation in this context.

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Bonds

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Bonds in California

Bond Bill (General Obligation Bonds) and the Legislative Process

A bill authorizing the sale of State general obligation bonds to finance specified projects or activities; the measure subsequently must be approved by the voters.

California Bonds

This section covers California-specific basic information on bonds and related topics. Many of California's laws on bonds are similar to those of other U.S. states, with some differences (in some cases, minor differences). California bonds laws on bonds are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on bonds, which is a basic matter in California law.

Bonds of Guardians

Welcome to the California legal encyclopedia's introductory part covering the bonds of guardians laws of California, with explanations of the various implications of bonds of guardians in California and the statutes enforced in California in connexion with bonds of guardians. This introductory section covers case law related to bonds of guardians in California, the legal approach on bonds of guardians in the United States and related topics. The information below provides an California-specific general overview of the legal regime of bonds of guardians in California.

Bonds of Guardians in relation to Probate, Estates and Trusts

This section analizes the legal issue of bonds of guardians in this context, and provides information on its relation with Administration of Estates.

Bonds in California: General Overview

This entry offers readers with practical insight to the subject of bonds in California, a general introduction to the legal issues relating to bonds under California law and practice.

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  • Legislative Power
  • Legislative Branch
  • Legislation
  • Executive Branch
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Distribution

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Distribution

California Distribution

This section covers California-specific basic information on distribution and related topics. Many of California's laws on distribution are similar to those of other U.S. states, with some differences (in some cases, minor differences). California distribution laws on distribution are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on distribution, which is a basic matter in California law.

Distribution in relation to Probate, Estates and Trusts

This section analizes the legal issue of distribution in this context, and provides information on its relation with Administration of Estates

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Conversion

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Conversion

California Conversion

This section covers California-specific basic information on conversion and related topics. Many of California's laws on conversion are similar to those of other U.S. states, with some differences (in some cases, minor differences). California conversion laws on conversion are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on conversion, which is a basic matter in California law.

Conversion in relation to Personal Injury and Torts

This section analizes the legal issue of conversion in this context, and provides information on its relation with Specific Torts

Conversion in relation to Probate, Estates and Trusts

This section analizes the legal issue of conversion in this context, and provides information on its relation with Wills

Conversion and Replevin in California: General Overview

This entry offers readers with practical insight to the subject of conversion and replevin in California, a general introduction to the legal issues relating to conversion and replevin under California law and practice.

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Succession

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Succession in California

Disclaimer of Succession, Election and Renunciation

Welcome to the California legal encyclopedia's introductory part covering the disclaimer of succession, election and renunciation laws of California, with explanations of the various implications of disclaimer of succession, election and renunciation in California and the statutes enforced in California in connexion with disclaimer of succession, election and renunciation. This introductory section covers case law related to disclaimer of succession, election and renunciation in California, the legal approach on disclaimer of succession, election and renunciation in the United States and related topics. The information below provides an California-specific general overview of the legal regime of disclaimer of succession, election and renunciation in California.

Disclaimer of Succession, Election and Renunciation in relation to Probate, Estates and Trusts

This section analizes the legal issue of disclaimer of succession, election and renunciation in this context, and provides information on its relation with Wills.

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Estate

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Estate in California

Administration of Personal Estate

Welcome to the California legal encyclopedia's introductory part covering the administration of personal estate laws of California, with explanations of the various implications of administration of personal estate in California and the statutes enforced in California in connexion with administration of personal estate. This introductory section covers case law related to administration of personal estate in California, the legal approach on administration of personal estate in the United States and related topics. The information below provides an California-specific general overview of the legal regime of administration of personal estate in California.

Administration of Personal Estate in relation to Probate, Estates and Trusts

This section analizes the legal issue of administration of personal estate in this context, and provides information on its relation with Administration of Estates.

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Administration

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Administration in California

Estates Issues Related to Administration

Welcome to the California legal encyclopedia's introductory part covering the estates issues related to administration laws of California, with explanations of the various implications of issues related to administration in California and the statutes enforced in California in connexion with issues related to administration. This introductory section covers case law related to issues related to administration in California, the legal approach on issues related to administration in the United States and related topics. The information below provides an California-specific general overview of the legal regime of issues related to administration in California.

Issues Related to Administration in relation to Probate, Estates and Trusts

This section analizes the legal issue of issues related to administration in this context, and provides information on its relation with Administration of Estates.

Independent Administration

Welcome to the California legal encyclopedia's introductory part covering the independent administration laws of California, with explanations of the various implications of independent administration in California and the statutes enforced in California in connexion with independent administration. This introductory section covers case law related to independent administration in California, the legal approach on independent administration in the United States and related topics. The information below provides an California-specific general overview of the legal regime of independent administration in California.

Independent Administration in relation to Probate, Estates and Trusts

This section analizes the legal issue of independent administration in this context, and provides information on its relation with Administration of Estates.

Summary Administration

Welcome to the California legal encyclopedia's introductory part covering the summary administration laws of California, with explanations of the various implications of summary administration in California and the statutes enforced in California in connexion with summary administration. This introductory section covers case law related to summary administration in California, the legal approach on summary administration in the United States and related topics. The information below provides an California-specific general overview of the legal regime of summary administration in California.

Summary Administration in relation to Probate, Estates and Trusts

This section analizes the legal issue of summary administration in this context, and provides information on its relation with Administration of Estates.

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Perpetuities

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Perpetuities

California Perpetuities

This section covers California-specific basic information on perpetuities and related topics. Many of California's laws on perpetuities are similar to those of other U.S. states, with some differences (in some cases, minor differences). California perpetuities laws on perpetuities are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on perpetuities, which is a basic matter in California law.

Perpetuities in relation to Probate, Estates and Trusts

This section analizes the legal issue of perpetuities in this context, and provides information on its relation with Estate and Interests

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Informations

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Informations

California Informations

This section covers California-specific basic information on informations and related topics. Many of California's laws on informations are similar to those of other U.S. states, with some differences (in some cases, minor differences). California informations laws on informations are created and revised by the actions of lawmakers and the courts. Use the cross-references and topics below to learn more about California statutes and laws on informations, which is a basic matter in California law.

Informations in relation to Probate, Estates and Trusts

This section analizes the legal issue of informations in this context, and provides information on its relation with Administration of Estates

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