Placer County Superior Court

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It’s generally not easy to sue a deceased person’s estate in California. In most cases, claimants must file a creditor’s claim before proceeding with a lawsuit in the Superior Court, which may first require bringing a petition to open up probate of the decedent’s estate. Claimants must move quickly given the one-year statute of limitations under California Code of Civil Procedure section 366.2.

In traffic accident situations, however, the claimant has a streamlined procedural path if he or she limits the claim to the auto insurance coverage held by the decedent. In such a case, under California Probate Code sections 550-555, the claimant effectively sues the insurance company, with the decedent’s estate only being a nominal defendant.

A recent appellate case from the Third District Court of Appeal, Meleski v. Estate of Albert Holden (2018) 29 Cal.App.5th 616, strengthens the position of California accident victims by allowing them to obtain recoveries in excess of policy limits if the insurance carrier refuses to accept a settlement offer and the claimant then obtains a court judgment in excess of the offer. The decision should incentivize carriers to accept policy limits settlement offers.

Yolo CourthouseMost California trust and estate litigation occurs in the probate department of the Superior Court, where the assigned judge manages and ultimately decides disputes.  Generally, there is no right to a jury trial so the outcome in contested cases rests with the judge, often supported by court staff who conduct file review and legal research.

The first quarter of 2017 brings changes in the assigned judges at the probate departments in Placer County Superior Court and Yolo County Superior Court, while there is continuity at Sacramento County Superior Court.

Christine Ann Cooper
Booking photo of Christine Ann Cooper

Elder financial abuse is all too common in Sacramento County and elsewhere.  The abuser, often a family member or caregiver, drains away the resources of an elder or dependent adult who cannot work to replenish them.  By the time the theft is discovered, the money may be long gone and the victim may be saddled with debt.  What can the victim do?

In a recent post, I commented on how often elder financial abuse cases often go unprosecuted in California, to the chagrin of victims and their families.  A week after that post, the California Department of Insurance announced the conviction in Placer County Superior Court of Christine Ann Cooper, who was arrested in Sacramento County and ultimately sentenced to 18 months in jail after embezzling approximately $129,000 from her mother’s trust accounts.  According to the Department, Cooper wrote checks to herself from the accounts over a nine-year period and falsified records to conceal her thefts.

Contact with local law enforcement eventually may result in prosecution, but victims and their advocates should take a multi-faceted approach. 

Emergency1It’s early in the morning, you’ve only just started your first cup of coffee, and your first few sips of java have not yet percolated your brain into full gear. Suddenly, your cellphone vibrates, a call is coming. You do not recognize the number, but you answer anyway. Hello? You have just been provided notice of an ex parte hearing in the probate department. A what?!?!