Some Case Highlights

The following cases that we have undertaken demonstrates the results that have benefitted our clients.

Appeals

John briefed and appeared before the California State Supreme Court in Estate of McDill.

He won the appeal which established that the appeal of a probate trial court decision benefits all parties to the action, not only the party who appealed.

This decision reversed the Division I of the Fourth District Court of Appeals decision that incorrectly decided that part of the case.  We were net 100% successful in the Supreme Court decision. 

John briefed and appeared for the winning party on Estate of Drucker Div I of the Fourth District Court of Appeals. John brought three separate appeals that were all successful. The court's published decision in our favor established an important rule respecting the ownership of assets in joint tenancy title.


Trials

In a high profile case, we undertook and succeeded at trial for a child of the decedent's prior marriage.

The client consulted other attorneys who advised her that the case had no merit or was too difficult and rejected the case. Through investigation we located documentary court evidence of the child's ownership rights

The probate court decided the case in our client’s favor and against decedent’s new husband who had a prestigious large firm for his legal representation. 

An attorney familiar with the facts of the case, and the result, said “we had pulled a rabbit out of a hat”.

John represented a decedent's estate against financially troubled real estate developers. A  Judgment was issued in our estate's favor. We were able to enforce the Judgment and recovered 100% of the unsecured debt plus interest and attorney fees.

In the Barringer Trust Litigation in San Diego John successfully represented trust drafting attorneys who were named beneficiaries. The bank trustee required a court order for distribution for their own protection since there is a strong presumption against attorneys benefitting from their own client’s estate. We needed to overcome two issues: undue influence of the attorneys for gifts left to them under the Trust and by a handwritten instrument. The gift in question was a residential property in La Jolla Village.

Result: The Probate court decided in our favor that there was no undue influence by our clients. The probate court also found the ownership transfer as an insufficient holographic writing. This document was handwritten by the decedent and was not part of the Trust drafted by the attorney. We appealed the adverse ruling on the gift of the residence. Division 1 of the Fourth District Court of Appeals reversed the probate court's decision. The reversal allowed the residential gift to the attorneys. Our clients were 100% successful.


Settlements thru Mediation or Attorney Negotiation

Our team represented the prevailing part in Estate of Lois Burnett.

A will contest settlement resulted in lifetime financial security for his client. John's client was an unrelated beneficiary named in a prior will who was disinherited in a later superceding will our opponent claimed. We overcame the later will and recovered 50% of the estate.

John represented an AIDS charity against the brother of a decedent. Decedent and brother were estranged. The brother disapproved of the decedent's lifestyle. Due to the strength of our presentation of the case, John recovered 70% of the estate in a settlement for his client.

This case had been rejected by five previously consulted attorneys. Those attorneys would not take the case on a contingency fee basis. John saw a theory of recovery, missed by those attorneys. Through extensive investigation and research John was able to allege facts sufficient to establish the intent of the decedent, prove it, and settle the case out of court. There were ambiguities in the decedent's will that were resolved based on case law that the previously consulted attorneys were unaware. Those ambiguities were resolved as a matter of law in favor of the AIDS Charity.

In all of the cases summarized our case research, our analysis, and our presentation was the reason for our client’s success.


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