What is a Disclaimer?

Useful Resources for Disclaimer

Rulings on Disclaimer

176-200 of 493 results

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

MELVIN T. WHEELER SONS LP VS. CATERPILLAR, INC.

The Court finds that Defendant has met the initial burden of demonstrating entitlement to summary adjudication on the basis that the implied warranties were the subject of a valid disclaimer. (See Fact 13.) Plaintiff has failed to meet the burden of demonstrating the existence of disputed material facts on this issue. While the Court notes that Plaintiff argues, in the alternative, that the disclaimer should be invalidated pursuant to Ca. U. Comm.

  • Hearing

    Feb 15, 2019

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

IN RE THE ESTATE OF LILLIE B. DANIELS, DECEASED

The effect of a disclaimer is to treat the disclaiming person as though they predeceased the decedent, which in turn passes the disclaiming person’s share to her heirs. (Prob. Code, § 282.) While the court understands Monica Hernandez is the daughter of Doris Gray, there is no information as to whether Doris Gray has other children or issue of deceased children that are now heirs to Doris Gray’s share.

  • Hearing

    Mar 13, 2019

  • Judge

    ALESIA JONES*

  • County

    Solano County, CA

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

IN THE MATTER OF CHERYL L HARRISS

Upon receipt of an express disclaimer of rights by Charles of all right to his 50% interest in this estate, accept waiver. Approve petition and report. Petitioner waives statutory commission. Approve $16,000 statutory attorney fee to Ms. Van Conas, plus $1704.50 cost reimbursement; becoming a lien upon the real property asset. gmr

  • Hearing

    Jan 02, 2013

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

IN THE MATTER OF THE RUSSELL L. WELCH TRUST DATED OCTOBER 29, 2014

Assuming there is no alternate beneficiary, the effect of the disclaimer is to eliminate a contractual beneficiary to the account. At that point, because that specific Bank of America account was called out in the 1990 trust agreement as part of the trust corpus, this court, pursuant to Kucker v. Kucker (2011) 192 Cal.App.4th 90, determines the account to be property of the Russell J Welch Living Trust. The Bank of America account assets can be delivered to the successor trustee without liability. gmr

  • Hearing

    Dec 17, 2015

  • Type

    Probate

  • Sub Type

    Trust

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

PLAINTIFF'S FEDERAL JURISDICTION DISCLAIMER DID NOT RESULT IN PLAINTIFF'S ABANDONING CLAIMS PERTAINING TO PRIVATE ENTITIES' LIABILITY FOR ASBESTOS EXPOSURE THAT MAY HAVE OCCURRED IN CALIFORNIA THEREFORE HANSEN V. OWENS-CORNING FIBERGLAS (1996) 51 CAL.APP.4TH 753 APPLIES.

  • Hearing

    Mar 03, 2011

MATTER OF THE HARMON FAMILY TRUST

Proposed Order Note: It appears surviving spouse had no authority to amend Disclaimer Trust following the death of the deceased settlor. HARMON FAMILY TRUST STEPHEN HARMON STEVEN F. KLAMM PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petition Approved. Proposed Order Submitted. No Appearance Required. Note: Decree will be available for pick up at the hearing or after the hearing in Dept. 14.

  • Hearing

    Jan 10, 2017

IN RE THE ESTATE OF LILLIE B. DANIELS, DECEASED

The effect of a disclaimer is to treat the disclaiming person as though they predeceased the decedent, which in turn passes the disclaiming person’s share to her heirs. (Prob. Code, § 282.) While the court understands Monica Hernandez is the daughter of Doris Gray, there is no information as to whether Doris Gray has other children or issue of deceased children that are now heirs to Doris Gray’s share.

  • Hearing

    Nov 13, 2018

IN RE THE ESTATE OF NETTIE R. HINES, DECEASED

To the extent, a person has signed a disclaimer; the effect of the disclaimer is to treat the disclaiming person as though they predeceased the decedent, which in turn passes the disclaiming person’s share to their heirs. (Probate Code §282.). The decedent’s will specifically states in paragraph 5 that “if any beneficiary named in paragraph fourth…shall predecease me…then the share set aside for such deceased beneficiary shall pass to his or her issue…”.

  • Hearing

    Aug 29, 2019

IN THE MATTER OF RICHARD W. GARIBAY

If decedent's two daughters wish to assign all of their right, title and interest in decedent's estate to his wife (as opposed to a disclaimer), then decedent's intestate estate can avoid probate through a spousal property petition. As part of those findings, absent the aforementioned showing(s), however, a court of law cannot factually determine that the assets are community property. gmr

  • Hearing

    Jul 15, 2015

  • Type

    Family Law

  • Sub Type

    Other Family

IN RE THE ESTATE OF LILLIE B. DANIELS, DECEASED

The effect of a disclaimer is to treat the disclaiming person as though they predeceased the decedent, which in turn passes the disclaiming person’s share to her heirs. (Prob. Code, § 282.) While the court understands Monica Hernandez is the daughter of Doris Gray, there is no information as to whether Doris Gray has other children or issue of deceased children that are now heirs to Doris Gray’s share.

  • Hearing

    Apr 30, 2019

IN RE THE ESTATE OF NETTIE R. HINES, DECEASED

To the extent a person has signed a disclaimer, the effect of the disclaimer is to treat the disclaiming person as though they predeceased the decedent, which in turn passes the disclaiming person’s share to their heirs. (Probate Code §282.) The decedent’s will specifically states in paragraph 5 that “if any beneficiary named in paragraph fourth…shall predecease me…then the share set aside for such deceased beneficiary shall pass to his or her issue…”.

  • Hearing

    Nov 12, 2019

IN THE MATTER OF THERESE MARIE MCALISTER

By virtue of the disclaimer, Patrick is deemed to have predeceased his mother (Prob.C.§282), which means that Patrick's children, if he has any, step up to inherit his share. If there are such children, Patrick cannot legally waive an accounting on their behalf or disclaim their inheritance(s). This issue would also affect the validity of the administrator's interim notices of proposed action. The court also questions whether the remaining accounting waivers are now stale by virtue of lapse of time.

  • Hearing

    Jun 25, 2015

IN THE MATTER OF RICHARD W. GARIBAY

If decedent's two daughters wish to assign all of their right, title and interest in decedent's estate to his wife (as opposed to a disclaimer), then decedent's intestate estate can avoid probate through a spousal property petition. As part of those findings, absent the aforementioned showing(s), however, a court of law cannot factually determine that the assets are community property.

  • Hearing

    Jul 29, 2015

  • Type

    Family Law

  • Sub Type

    Other Family

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