Justia Civil Procedure Opinion Summaries

Allison Littlefield filed a verified petition against her brothers, Scott and David Littlefield, and her aunt, Denise Sobel, who are co-trustees of The Pony Tracks Ranch Trust. The petition sought their removal as co-trustees, alleging breaches of fiduciary duty and the Trust, and requested declaratory and injunctive relief. Allison claimed that the appellants misused Trust funds, concealed information, converted her personal property, restricted her use of the Ranch, and failed to address misconduct by an employee, Stacey Limbada, who allegedly harassed Allison and her husband.The San Mateo County Superior Court denied the appellants' special motion to strike the petition under California's anti-SLAPP statute, concluding that the appellants failed to show that Allison's petition arose from protected activity. The court also denied Allison's request for attorney's fees, finding that the motion was not frivolous or solely intended to cause unnecessary delay.The California Court of Appeal, First Appellate District, Division Four, reviewed the case. The court affirmed the trial court's denial of the anti-SLAPP motion, agreeing that the appellants did not meet their burden of showing that the petition was based on protected activity. The court noted that the appellants' motion failed to identify specific allegations of protected activity and improperly sought to strike the entire petition or all causes of action without distinguishing between protected and unprotected conduct.However, the appellate court reversed the trial court's denial of Allison's request for attorney's fees, finding that the anti-SLAPP motion was frivolous. The court held that any reasonable attorney would agree that the motion was totally devoid of merit, as it did not demonstrate that the petition sought to impose liability based on protected activity. The case was remanded for a determination of the appropriate award of attorney's fees for Allison. View "Littlefield v. Littlefield" on Justia Law

Silvia Villareal created a revocable living trust in 2005, which she amended twice. The 2018 restatement of the trust, prepared with an attorney, provided that her three children, Leticia Linzer, Arturo Villareal, and Sonia Godoy, would each receive a one-third interest in her home upon her death. In 2019, Silvia amended the trust again, without an attorney, to state that her children could only sell their shares to each other for $100,000, aiming to keep the home within the family. After Silvia's death, Arturo and Sonia petitioned the probate court to declare the 2019 amendment void, arguing it unreasonably restrained their ability to sell their interests.The Superior Court of Los Angeles County ruled in favor of Arturo and Sonia, determining that the 2019 amendment imposed an unreasonable restraint on alienation in violation of Civil Code section 711. The court declared the amendment void and upheld the 2018 restatement as the operative trust document. Leticia, the trustee, objected, arguing that section 711 did not apply to testamentary gifts and that the 2019 amendment did not impose an unreasonable restraint.The California Court of Appeal, Second Appellate District, reviewed the case. The court affirmed the probate court's decision, holding that section 711 applies to testamentary instruments and that the 2019 amendment imposed an unreasonable restraint on alienation. The court found that the amendment's restrictions on selling the property only to siblings for a fixed price were unreasonable and void. The court also rejected Leticia's argument that the 2019 amendment created a new testamentary trust, concluding that Silvia intended to add to the existing trust rather than create a new one. The court affirmed the probate court's order, maintaining the 2018 restatement as the operative trust document. View "Godoy v. Linzner" on Justia Law

Plaintiff, a beneficiary of the Carolyn Patricia Young Family Trust, alleged that defendants, the trust protector and trustee, were conspiring to withhold trust funds improperly. The alleged conspiracy aimed to preserve assets for the trustee, who is also a residuary beneficiary. Plaintiff sought an ex parte application to suspend the defendants' powers and appoint an interim trustee. The Superior Court of Orange County granted the application, suspending the defendants' powers, appointing an interim trustee, requiring a bond, setting a review hearing, and prohibiting the interim trustee from using trust assets for compensation without prior court authorization.Defendants appealed the order. Plaintiff moved to dismiss the appeal, arguing the order was not appealable. The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the appealability of the order. The court held that orders suspending trustees and appointing interim trustees in probate court are not directly appealable. The court emphasized that such orders are provisional and not final, aligning with the broader policy against piecemeal appeals.The court dismissed the appeal, concluding that neither Probate Code section 1300 nor section 1304 provided a basis for appealability. The court also found that defendants lacked standing to appeal the portions of the order imposing a bond requirement and prohibiting the use of trust assets for compensation without prior court authorization. Additionally, the court denied plaintiff's motion for sanctions, despite concerns about defendants' counsel's conduct, which the court found troubling but not sufficient to warrant sanctions in this instance. View "Young v. Hartford" on Justia Law

Thomas Dunbar, also known as "Sam," passed away without any direct descendants. Connie Corner, who was not related to Dunbar by blood, probated a will that purportedly left his entire estate to her. Tyler Popplewell, Dunbar's grandnephew, filed a motion in Russell Circuit Court alleging that the will was a product of fraud and undue influence, and requested the court to declare it null and void. Corner later moved to dismiss the case, arguing that Tyler lacked standing to bring the claim. The trial court sustained Corner's motion, leading Tyler to appeal.The Russell Circuit Court initially dismissed Tyler's case on the grounds of lack of standing, as Corner had argued. Tyler then filed a motion to set aside the judgment, claiming he did not receive notice of the hearing. Additionally, Imogene Popplewell, Dunbar's sister and Tyler's grandmother, attempted to intervene as a successor plaintiff, but her motion was denied as untimely. The trial court reaffirmed its dismissal, citing the mailbox rule in denying Tyler's motion to set aside the judgment.The Kentucky Court of Appeals reversed the trial court's decision, holding that Corner had waived the issue of standing by not raising it in her initial response to Tyler's complaint. The Court of Appeals based its decision on the precedent set in Harrison v. Leach, which emphasized that standing issues must be raised at the outset of litigation. Corner then sought discretionary review from the Supreme Court of Kentucky.The Supreme Court of Kentucky affirmed the Court of Appeals' decision, agreeing that Corner had waived the standing issue by failing to raise it promptly. The Court emphasized that defendants must address standing issues early in the litigation process to avoid inefficiencies and potential gamesmanship. The case was remanded to the trial court for a trial on its merits. View "CORNER V. POPPLEWELL" on Justia Law

The case involves the estate of Penny Ann Simmons, who passed away on July 19, 2018. Dianna Lynn Davenport was appointed as the personal representative of Simmons' estate by the Spencer District Court on September 11, 2018, with the order entered by the Spencer County Clerk on September 21, 2018. Davenport filed a medical malpractice and wrongful death lawsuit against Kindred Hospitals on September 20, 2019. Kindred argued that the lawsuit was filed outside the one-year statute of limitations, which they claimed began when the judge signed the appointment order.The Jefferson Circuit Court granted Kindred's motion for summary judgment, ruling that the lawsuit was indeed filed outside the statute of limitations. The court found that the statute of limitations began when the judge signed the order of appointment, as per KRS 395.105. The Court of Appeals affirmed this decision, referencing its own precedent in Batts v. Illinois Central Railroad Company, but invited the Supreme Court of Kentucky to review the issue.The Supreme Court of Kentucky affirmed the lower courts' decisions. The court held that probate proceedings, including the appointment of a personal representative, are special statutory proceedings. Therefore, the procedural requirements of KRS 395.105, which state that the appointment is effective upon the judge's signing, prevail over the Kentucky Rules of Civil Procedure. The court also clarified that the one-year limitation period for filing claims, as set forth in KRS 413.180(1), begins at the time of the appointment, which is when the judge signs the order. Thus, Davenport's lawsuit was filed outside the permissible time frame, and the summary judgment in favor of Kindred was affirmed. View "DAVENPORT KINDRED HOSPITALS LIMITED PARTNERSHIP" on Justia Law

Dr. Laura Dean Head, a college professor, passed away in 2013, leaving behind her sisters, Della Hamlin and Helaine Head. Shortly before her death, Dr. Head executed a trust naming her former student and friend, Zakiya Jendayi, as the trustee and sole beneficiary. In 2020, Hamlin and Head petitioned the probate court to invalidate the trust, alleging undue influence, lack of capacity, and forgery. After a 17-day bench trial, the court found that Jendayi had exerted undue influence over Dr. Head and invalidated the trust.The probate court determined that Hamlin and Head, as intestate heirs disinherited by the trust, had standing to contest the trust. The court applied the common law presumption of undue influence, finding that Jendayi had a confidential relationship with Dr. Head, actively participated in procuring the trust, and would unduly benefit from it. The court also found substantial evidence supporting the presumption of undue influence and rejected Jendayi’s claims of judicial bias. The court concluded that any deficiencies in its statement of decision were harmless and affirmed the judgment.The California Court of Appeal, First Appellate District, Division Three, reviewed the case. The court affirmed the probate court’s judgment, holding that Hamlin and Head had standing to contest the trust. The appellate court found substantial evidence supporting the probate court’s application of the presumption of undue influence and its finding of undue influence. The court also concluded that the probate court did not demonstrate judicial bias and that any deficiencies in the statement of decision were harmless. The judgment was affirmed. View "Hamlin v. Jendayi" on Justia Law

Lena Johnson and her daughter, Katherine Grundhauser, died in a car accident in 2006. They co-owned a property in Butte, Montana, as joint tenants with the right of survivorship. Lena's estate was informally probated, and her son, Kenneth Johnson, was appointed personal representative. The estate's assets were distributed among Johnson's children and three of Katherine's children, with the remainder going to Johnson and Katherine's husband, Steven Grundhauser. The property in question was not resolved, and Johnson's children lived there rent-free.In 2020, Lena's will was discovered, which stated that all property should be divided equally between Katherine and Johnson or held in trust for their children if they predeceased Lena. This will contradicted the earlier distribution and indicated that the joint ownership of the property was for convenience only. Katherine's children and Steven Grundhauser petitioned for informal probate of Lena's estate, which was denied. Formal probate was opened in 2021 with Johnson as the personal representative. A mediation in 2022 led to a settlement agreement to buy out the interests of Katherine's children in the property.The Second Judicial District Court, Butte-Silver Bow County, denied Katherine's estate's motion to intervene and for relief from judgment, finding that the estate was bound by the settlement agreement and that the doctrine of laches barred the motions. The court concluded that Grundhauser, as a petitioner, was aware of the settlement terms and had agreed to them.The Supreme Court of the State of Montana reversed and remanded the case. It held that Katherine's estate should have been allowed to intervene as it had a valid legal interest in the property. The court found that the settlement agreement was based on a mutual mistake of law and that the district court's order was void for lack of jurisdiction and due process. The court also held that the doctrine of laches did not apply, as the delay in asserting the estate's rights was reasonable under the circumstances. View "In re Estate of Johnson" on Justia Law

Kiefer Production Company (KPC), a non-party, appealed adverse discovery orders related to a subpoena duces tecum issued by the Keetons, co-trustees and co-personal representatives of Noma Rongey's estate. The Court of Civil Appeals (COCA) dismissed the appeal, stating the orders were not appealable. KPC then petitioned for certiorari, which was granted by the Supreme Court of Oklahoma.The district court had previously denied the Owners' motion to quash the subpoena and ordered KPC to produce financial documents to determine the value of Rongey's interest in KPC. The district court also placed Rongey's interest in pay status. COCA partially affirmed the district court's order but remanded the case to address the implications of Rongey's death and the scope of the documents requested. On remand, the district court denied KPC's renewed motion to quash and granted the Keetons' motion to compel the production of documents.The Supreme Court of Oklahoma held that the discovery orders were appealable and that the district court did not abuse its discretion in ordering KPC to produce the documents. The court found that KPC, as a non-party, had a substantial right affected by the orders and that the orders conclusively determined the issue of document production. The court also held that KPC's financial documents, including tax returns, were relevant to determining the value of Rongey's interest in KPC and were therefore discoverable.The Supreme Court vacated COCA's opinion and affirmed the district court's judgment, requiring KPC to comply with the subpoena. The court also held that KPC did not have standing to appeal the order placing Rongey's interest in pay status, as this issue was not final and was subject to further proceedings. View "ROYAL HOT SHOT INVESTMENTS v. KIEFER PRODUCTION CO." on Justia Law

In the mid-1990s, Bradford Jeffcoat and Sandra Perkins began a long-term relationship and lived together in a house Jeffcoat purchased in Charleston, South Carolina. In 2000, Jeffcoat deeded the property to himself and Perkins as joint tenants with the right of survivorship. Perkins developed dementia in 2009, and in 2015, her daughter Vanessa Williams took her to Alabama without Jeffcoat's knowledge. Williams was later appointed as Perkins' guardian and conservator by an Alabama probate court and deeded Perkins' interest in the property to herself. Perkins died in November 2015.Williams filed a petition in Charleston County court to partition the property by sale. Jeffcoat counterclaimed, alleging fraud, breach of fiduciary duty, and slander of title, and argued that the conveyance was invalid. The Charleston County Master-in-Equity granted summary judgment to Williams, finding that a joint tenant could unilaterally sever the joint tenancy under South Carolina law. The court of appeals affirmed the decision.The South Carolina Supreme Court reviewed the case and found that there were genuine issues of material fact regarding Jeffcoat's unclean hands defense, which precluded summary judgment. The court also held that the Alabama probate court had subject matter jurisdiction over the guardianship and conservatorship proceedings. However, the court determined that South Carolina Code section 27-7-40, which allows unilateral severance of joint tenancies, did not apply retroactively to the joint tenancy created before the statute's enactment. Under common law, the joint tenancy could be severed by unilateral conveyance.The Supreme Court reversed the summary judgment in part, affirmed the decision as modified in part, and remanded the case to the Master-in-Equity to resolve the unclean hands defense and determine whether it would defeat Williams' demand for partition. View "Williams v. Jeffcoat" on Justia Law

Linda Ager Coyle, the personal representative of Fred Ager's estate, filed a motion for confirmation of a specific devise related to the proceeds from the sale of storage units Fred had owned. Fred's will directed that the units be given in equal shares to his children, Linda and Jeff, with a life estate interest in half of the net rental income to his wife, Arlene Ager. Arlene filed a petition for supervised administration of the estate, which the circuit court granted. Subsequently, the court denied Linda's motion for confirmation of the specific devise.Linda appealed the circuit court's denial of her motion, and Arlene filed a notice of review seeking to challenge the court's earlier decision denying her motion to remove Linda as the personal representative. The Supreme Court of South Dakota issued an order to show cause, directing the parties to address whether the order denying the motion to confirm a specific devise was appealable. Linda argued that the order was appealable based on the precedent set in In re Estate of Geier, which held that each proceeding in an unsupervised administration is a final order. Arlene contended that the order was not final and not subject to review.The Supreme Court of South Dakota dismissed the appeal for lack of jurisdiction. The court held that a decision made prior to a final order terminating a supervised probate action is not governed by the Geier final order rule. The court emphasized that supervised administration is a single in rem proceeding under SDCL 29A-3-501, which contrasts with the multiple, independent proceedings allowed under SDCL 29A-3-107 for unsupervised administration. Since the order for supervised administration was signed before the denial of Linda's motion, the action had become a supervised administration, and the individual-proceeding rule of finality did not apply. Consequently, the court also dismissed Arlene's notice of review. View "Estate Of Ager" on Justia Law