Probate Law
 
Jose Flores; Ryan Reyes; Brian Perez v. City of Westminster, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Jose Flores, Ryan Reyes, and Brian Perez, three police officers of Latino descent (collectively, “Plaintiffs”), sued their employer and, after a nine-day jury trial, they won. The officers alleged that the City of Westminster (“the City” or “the Department”) as well as current and former Westminster Police Chiefs Mitchell Waller, Andrew Hall, Ronald Coopman, and Kevin Baker (“the Chiefs”), discrim

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United States of America v. Shirley Ernestine Molina Northern District of California Federal Courthouse - San Jose, California

San Francisco, CA - Southern California Woman Sentenced To Almost Six Years In Prison For Role In Wire Fraud Scheme - Defendant defrauded victims of more than $6 million by lying about the existence of a sick heiress in need of medical care

Shirley Ernestine Molina was sentenced to 71 months in prison for wire fraud and for her role in a conspiracy to commit wire fraud, announced United

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Willis E. Urick, III v. Dana Urick as Trustee, etc.

A beneficiary filed a petition for instructions as to
whether the “no contest” clause of his mother’s trust had
been violated after his sister sought to reform the trust to
eliminate his interest. The sister, in her capacity as trustee,
filed a special motion to strike the petition under Code of
Civil Procedure section 425.16 (the anti-SLAPP statute),
1
which the probat

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United States of America v. Shirley Ernestine Molina Northern District of California Federal Courthouse - San Jose, California

San Jose, CA - Southern California Woman Sentenced To Almost Six Years In Prison For Role In Wire Fraud Scheme - Defendant defrauded victims of more than $6 million by lying about the existence of a sick heiress in need of medical care

Shirley Ernestine Molina was sentenced to 71 months in prison for wire fraud and for her role in a conspiracy to commit wire fraud, announced United State

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In The Matter of Max Hopper, Decedent Dallas County Courthouse - Dallas, Texas

Dallas, TX - Jury Awards Plaintiff Billions In Punitive Damages

The Family and Estate of Max Hopper sued JP Morgan Chase & Co. on fraud, breach of fiduciary and breach of contract duties theories claiming that JP Morgan for mishandling the of the former American Airlines executive.

Hopper died intestate with a $19 million estate and was hired to administer it for the family.

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Bowie County Courthouse - Texarkana, Texas

In December 2014, Dorothy Johnson applied to be named Independent Administrator of the relatively modest decedent’s estate of Bobby Ray Singleton, who had died apparently without a will and as a still-single widower. In late March 2016, at least in part supported by various affidavits apparently sponsored by Johnson, the County Court at Law of Bowie County entered two orders, one appointing Johnso

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Alice Lawson and Jeanie Dell Collins Carr v. Ernest Boyd Collins and Ella Elizabeth Collins Travis County Courthouse - Austin, Texas

In this consolidated appeal Alice Lawson (Alice) challenges the probate court’s
judgment confirming an arbitration award resolving her will contest, and Jeanie Dell Collins Carr
(Jeanie) challenges the court’s adverse summary judgment in her separate will contest.1 See Tex.
Est. Code § 32.001(c) (final order issued by probate court is appealable to court of appeals). As
urged by Er

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Dunlap v. Orwig

¶0 1. CONTRACTS - Voidability for fraud - Contract valid until election to rescind.
Where a party brings an action upon the theory that he was fraudulently induced to enter into a contract he must elect either to rescind or affirm the contract; but until he so elects the contract continues valid. An agreement procured by fraud is voidable and not void.
2. SAME - Rescission of contract must

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The Law Offices of John S. Young, P.C. v. Michael Deadman, Temporary Administrator of The Estate of John Edward Sullivan, Deceased

The Law Offices of John S. Young, P.C.1 appeals from the trial court’s final summary
judgment dismissing its claims against Michael Deadman, temporary administrator of the estate of
John Edward Sullivan. In four issues, the Law Office contends that the trial court erred in granting
summary judgment in Deadman’s favor. We will affirm the trial court’s summary judgment.
BACKGROUND

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Valentina Sheshtawy, et al. v. J. Gary Gray, et al.

Plaintiffs Valentina Sheshtawy, L. S., Don Peterson, Mackey Peterson,
Lonny Peterson, Edward G. Rizk, and Maxwell Rizk (collectively “Plaintiffs”)
sued Defendants1 asserting claims for (1) conspiracy under the Racketeer
Influenced and Corrupt Organizations Act (“RICO”); (2) common law fraud;
and (3) breach of fiduciary relationship.2 Plaintiffs are comprised of
individuals invo

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Susan Dent v. Kenneth S. Wolf, as Special Administrator, etc.

After concluding that appellant Susan Dent lacked
standing, the trial court dismissed her paternity lawsuit. The
narrow issue on appeal is whether a child who seeks a
declaration of paternity after her putative father is deceased
presents a justiciable controversy when the child requests no
financial remuneration. We conclude that Dent has standing to
pursue her paternity l

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David Ceruolo v. Martha Garcia Supreme Court of Massachusetts - Boston, Massachusetts

The plaintiff, David Ceruolo (David) sued his
ex-wife Lyllian Ceruolo (Lyllian),2 and her mother, Martha Garcia
(Garcia) for defamation and negligent and intentional infliction
1 Lyllian Ceruolo.
2 Because these parties share the same last name, we refer
to them by their first names.
2
of emotional distress following the conclusion of a contentious
divorce. The defe

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United States of America v. Robert Stephens Federal Courthouse - San Jose, California

San Jose, CA - Petaluma Resident Sentenced To 3.5 Years In Prison For Role In Wire Fraud Scheme

Defendant defrauded victims of more than $7 million by lying about the existence of a sick heiress in need of medical care

Robert Stephens was sentenced to 42 months in federal prison for conspiracy to commit wire fraud, wire fraud, and money laundering, announced United States Attorn

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Richard Cash v. Cara King and Christian Cash

This is an appeal from a summary judgment in which the trial court declared the parties’ respective rights and interests regarding a mineral estate. Richard Cash argues the trial court erred by misconstruing assignments appellees Cara King and Chris Cash had executed, rendering a declaratory judgment, and awarding attorney’s fees. We affirm the trial court’s judgment.
1 Sitting by assignment.<

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Jessica Parker Valentine and Bryan L. Parker v. Interactive Brokers LLC

Appellants, Jessica Parker Valentine and Bryan L. Parker (the “Parkers”), challenge the trial court’s order granting the motion of appellee, Interactive Brokers LLC (“IB”), to vacate an arbitration award. In two issues, the Parkers contend that the trial court erred in vacating the award.
2
We affirm.
Background
In their Second Amended Statement of Claim, the Parkers, pursuant to t

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Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca

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Sylla Bangaly v. Alfred B. Baggiani

¶ 1 The instant appeal concerns a criminal contempt finding arising out of wrongful death
litigation in which the contemnor, Bangaly Sylla,1 was involved as the administrator of the
1We note that, due to inconsistencies in the record on appeal, Sylla was referred to as “Sylla
Bangaly” in our earlier opinion concerning that litigation but is actually named “Bangaly Sylla.”
No. 1-15-

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Marianne Irvin v. Contra Costa County Employees'Retirement Association

Plaintiff Marianne Irvin and her late husband, Richard Irvin (respectively,
Marianne and Richard), obtained a judgment of legal separation a few months before his
death. Notwithstanding the separation, the couple‘s agreement dividing their assets
reflected Richard‘s intent that Marianne would receive the pension benefits available to a
surviving spouse after his death. Defendant Co

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In re Jennifer Durbin; Robert L. Gibbins, Jr.; Steve A. Gibbins; and Kyndal Wood

Relators Jennifer Durbin, Robert L. Gibbins Jr., Steve A. Gibbins, and Kyndal Wood
filed a petition for writ of mandamus asking this Court to direct the trial court to vacate or set aside
its orders denying the relators’ motions to compel discovery in a probate proceeding. See Tex. Gov’t
Code § 22.221; see also Tex. R. App. P. 52.1. At the same time, the relators filed a motion for

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Robin Hutchheson v. Eskaton Fountainwood Lodge

This case turns on whether an attorney-in-fact who admitted her principal to a
residential care facility for the elderly made a “health care” decision. If she did, as the
trial court found, she acted outside the scope of her authority under the power of attorney,
and the admission agreement she signed, and its arbitration clause this appeal seeks to
enforce, are void.
To answer

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ConocoPhillips Company v. Leon Oscar Ramirez, Jr., Individually, and Jesus M. Dominguez, as Guardian for Minerva Clementina Ramirez, an incapacitated person, Individually

ConocoPhillips Company and Rodolfo C. Ramirez, Individually and as Independent Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd. appeal the trial court’s judgment declaring that appellees Leon Oscar Ramirez, Jr., individually, and Jesus M. Dominguez, as Guardian of the Estate of Minerva Clementina Ramirez, an Incapacitated Person, each own a 1/12 mineral interest in the

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Brian Krajca v. Vicki Caum, Individually and as Independent Executrix in the Estate of Billie F. Krajca, deceased

This is an appeal from a summary judgment in an action to remove and replace the independent executrix of an estate. Due to a typographical error during the electronic-filing process, the appellant filed timely, but failed to serve timely, his response to a summary-judgment motion. Despite the appellant’s explanation
2
of the mistake, the trial court disregarded the late-served response an

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In the Matter of the Estates of Phillip Chin

The Oregon Probate Code allows an “interested
person” to take certain actions with regard to a decedent’s
estate, including petitioning to reopen an estate for
proper cause. The code defines an “interested person” to
include “heirs, devisees, children, spouses, creditors and
any others having a property right or claim against the
estate of a decedent that may be affected by

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Elma Garza Gonzalez v. Norma Garza Martinez, Ricardo Garza Gonzalez, Albino Garza Gonzalez, Hugo Garza Gonzalez, Danny Garza Gonzalez, Yesenia Quijana, Julio Cesar Garza Gonzalez and Raul Garza

Appellant Elma Garza Gonzalez was sued by her eight siblings for fraud, breach of fiduciary duty, and conversion in connection with the disposition of their
2
late father’s assets. The trial court granted summary judgment against Elma,
awarding damages to her siblings and declaring void a gift of real property.
On appeal, Elma raises two issues, arguing that the court lacked subjec

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In the Matter of the Estate of Pierce

¶1 Appellants Colin Peirce, Caitlin Pierce, and Christian Pierce are the adult children of Christopher Hannah Pierce (Pierce), deceased. They appeal the district court's September 22, 2015 and October 21, 2015 orders denying their motions for partial summary judgment and granting Appellee Vanessa Pierce's motions for partial summary judgment.1 Appellants' motions challenged the validity of Pierce'

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