March 5, 2026
Court of Appeal, Fourth Appellate District, Division Two
The Rule of Moramarco v. Nowakoski is that a trustee's inability to pay is not a mitigating factor that can reduce a Probate Code section 859 civil penalty for bad faith wrongful taking of trust property, under circumstances where a trustee attorney misappropriated trust funds and the statute provides mandatory double damages.
February 26, 2026
Court of Appeal, Fourth Appellate District, Division One
The Rule of Fisher v. Fisher is that intentional infliction of emotional distress can be the legal cause of a wrongful death when the tortious conduct is a substantial factor in causing severe emotional distress that leads to the victim's death, under the broader scope of liability standard applicable to intentional torts rather than the narrower "scope of risk" standard used for negligence.
February 18, 2026
Court of Appeal, Fourth Appellate District, Division One
The Rule of Haun v. Pagano is that a successful petitioner may recover attorney's fees under Welfare and Institutions Code section 15657.5(a) for prosecution of a financial elder abuse claim even when those fees are inextricably intertwined with defending against a competing elder abuse claim, under the circumstances where the petitioner is seeking fees as a prevailing plaintiff under the unilateral fee-shifting provision rather than as a prevailing defendant under a bilateral fee provision.
January 29, 2026
Court of Appeal of the State of California, First Appellate District, Division Four
The Rule of Halperin v. Halperin is that a plaintiff cannot maintain a civil tort claim for intentional interference with expected inheritance (IIEI) when she has an adequate remedy available in probate, under circumstances where the plaintiff has standing in probate and the ability to seek relief based on the same factual allegations underlying the tort claim.
January 28, 2026
Court of Appeal, Second Appellate District, Division Four
The Rule of Conservatorship of B.K. is that an LPS Act conservatee may waive their jury trial right through counsel without a personal on-the-record advisement when the conservatee acknowledges awareness of the right and confirms the waiver choice, under circumstances where counsel has consulted with the conservatee, there is no suggestion counsel lacks authority or disregards the client's wishes, and the conservatee participates in the proceedings without objection.