What is a Disclaimer?

Useful Resources for Disclaimer

Rulings on Disclaimer

201-225 of 493 results

IN THE MATTER OF CAROLINE SHAN-LIEH CHEN

A partial disclaimer was filed by Shih Po Chen, decedent's spouse, on May 4, 2016, more than nine months after decedent's death and therefore not within the presumed "reasonable time" of Probate Code §279. Why the delay ? How can the accounting waivers of the two sons (Exhibit "H"), Jeremy and Mike, be signed by their father ? The statutory fee matrix undercalculates the proper §10810 percentage. Discuss. gmr

  • Hearing

    Dec 08, 2016

  • County

    Ventura County, CA

IN THE MATTER OF CAROLINE SHAN-LIEH CHEN

A partial disclaimer was filed by Shih Po Chen, decedent's spouse, on May 4, 2016, more than nine months after decedent's death and therefore not within the presumed "reasonable time" of Probate Code §279. Why the delay ? How can the accounting waivers of the two sons (Exhibit "H"), Jeremy and Mike, be signed by their father ? The statutory fee matrix undercalculates the proper §10810 percentage. Discuss. gmr

  • Hearing

    Dec 08, 2016

  • County

    Ventura County, CA

UNITED YELLOW PAGES, INC. VS. AMERICAN LIBERTY BAIL BONDS, INC.

The Business Entity Detail filed with this court includes the disclaimer: “The data provided is not a complete or certified record of an entity.” Other Matter: Judgment enforcement proceedings in this civil action are proceeding before Judge Timothy Stafford in Department C-66. The next hearing before Judge Stafford, both as to judgment debtor examination and a motion for protective order, is set for 1-12-17. (See, 12-15-16 Minute Order.)

  • Hearing

    Jan 01, 2017

IN THE MATTER OF MARIA SARA GONZALEZ

For the disclaimers executed by Ana Ruby, Manuel Gonzalez, and Gloria Gonzalez-Trimble to be effective, each must show that his or her disclaimer was filed within a reasonable time after he or she acquired knowledge of the interest. (Prob. Code § 279(f).) The petition fails to make this showing. The proposed final distribution of the estate in equal shares to decedent's five children is consistent with the laws of intestate succession.

  • Hearing

    Nov 29, 2018

PETITION RE: 17078 SAMGERRY DRIVE LA PUENTE CA 91744

The Court is in receipt of a Disclaimer of Interest filed by the United States of America on behalf of the IRS. The Court is not in receipt of any claims from other lienholders. However, the Trustee’s declaration states that it received a Claim from Erlinda Del Pilar. (Petition, Ex. A.) The address in Del Pilar’s claim is the same address where the Clerk’s Notice of Hearing was sent. That mailing was not returned as undeliverable, yet no claim was filed by Del Pilar with the court.

  • Hearing

    May 24, 2017

IN RE THE PATRICIA A CURLEY FAMILY TRUST

An accommodation was reached with counsel under which petitioner's disclaimer to access trust principal would be sufficient to allow him to serve as sole trustee. Further, the court declined to authorize $70,000 in trust principal payments to settlor's sister, as no such intent appears in the trust language. Once again, an accommodation was reached with counsel under which the additional beneficiary could be added if expressly approved by the remaining remainder beneficiaries.

  • Hearing

    Jun 03, 2015

  • Type

    Probate

  • Sub Type

    Trust

  • County

    Ventura County, CA

CITY OF SACRAMENTO VS. STATE OF CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM

Plaintiff contends that C-III should file a disclaimer of interest under CCP section 1250.325 or if it does not plaintiff is prepared to dismiss C-III. Code of Civil Procedure section 394 provides that any action or proceeding brought by a city within a certain county, or city and county, against a corporation doing business in another county shall be transferred to a neutral county on motion of either party (emphasis added).

  • Hearing

    Mar 04, 2014

  • Type

    Real Property

  • Sub Type

    Breach

THE PEOPLE OF THE STATE OF CALIFORNIA VS. LEFT COAST COLLECTIVE INC

All other individuals either signed a disclaimer of ownership or did not respond to Plaintiff's notice of the seizure and intended forfeiture published once a week for three successive weeks in a newspaper of general circulation in San Diego County. Further, Sean Smith's is stricken such that a default may be entered. Finally, Plaintiff has presented a prima facie case for forfeiture. (See Declaration of Detective Radford Pajita.) The Court grants the motion in its entirety.

  • Hearing

    Dec 03, 2020

J MARCHINI & SON INC VS DUARTE NURSERY INC

a) Defendant Duarte Nursery, Inc.’s Motion for Summary Judgment or, in the alternative, Summary Adjudication against All Plaintiffs in Consolidated Action for Breach of Contract (Disclaimer of Warranties and Limitation of Damages Pursuant to Contract) and for Trespass and Nuisance; b) Defendant Duarte Nursery, Inc.’s Motion for Summary Adjudication on Plaintiff Parsons Farms’ 11th Cause of Action as Barred by Statute of Limitations; against Laborde Plaintiffs on Issue of Privity of Contract Both matters are

  • Hearing

    Apr 10, 2020

IN RE THE ESTATE OF THEODORE QUINDARA VILLANUEVA, DECEASED

The effect of a disclaimer is that the disclaiming person is treated as having predeceased the decedent, resulting in the disclaimed interest passing to the disclaiming person’s heirs (typically the disclaiming person’s issue). The petition is silent as to whether Jovita Downing, Josefa Villanueva, or Jimmy Villanueva have children or other living issue, which in turn will control whether additional notice will be required.

  • Hearing

    Jul 26, 2018

ESTATE OF MICHAEL T. KRAUS

In the alternative, Petitioner may obtain a disclaimer from J. Dosa pursuant to Probate Code section 275, et seq. It is recommended that the matter be continued to September 29, 2020, at 9:00 a.m. unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered.

  • Hearing

    Sep 15, 2020

CHRISTINE ANDERSON V. AGA JOHN ORIENTAL RUGS

Plaintiff did not sign the invoice (Exhibit A) and she alleges she did not agree to any disclaimer. It is dated the same day as the alleged agreement but nothing on the face of the contract indicates that she received the invoice before the bargain was completed. There is no heading of the disclaimer in all capitals. The disclaimer, although in all capitals when the surrounding language is not, is not in a larger or contrasting type, font, or color.

  • Hearing

    Aug 22, 2016

RICHARD LIEBSCHER VS. SIMI VALLEY HOSPITAL

Given Plaintiff Richard Liebscher's disclaimer of any claims for past or future medical expenses in his opposition brief, such claims cannot provide "good cause" for the requested discovery. 3. As to Plaintiff's claim for lost past and future earnings, Defendant fails to establish the relevancy of the records, ofr purposes of establishing "good cause." It is undisputed that Mr. Liebscher worked for the LAPD from 1977 to 1984.

  • Hearing

    May 11, 2010

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

SAMUEL NEVARREZ VS. SAN MARINO SKILLED NURSING AND WELLNESS

On October 5, 2018, after a trial, the Probate Court determined that Khatib’s disclaimer of all rights under Schroeder’s Will was valid and that Adam Nevarrez would remain as administrator of the Estate. (RJN Ex. 9.)

  • Hearing

    Dec 11, 2020

IN RE THE PATRICIA A CURLEY FAMILY TRUST

An accommodation was reached with counsel under which petitioner's disclaimer to access trust principal would be sufficient to allow him to serve as sole trustee. Further, the court declined to authorize $70,000 in trust principal payments to settlor's sister, as no such intent appears in the trust language. Once again, an accommodation was reached with counsel under which the additional beneficiary could be added if expressly approved by the remaining remainder beneficiaries.

  • Hearing

    Jun 03, 2015

  • Type

    Probate

  • Sub Type

    Trust

  • County

    Ventura County, CA

MATTER OF DONA MARIE SLOAN

If Petitioner produces disclaimers rather than assignments, the property subject to a disclaimer passes as if the disclaimant had predeceased the person creating the interest. [Prob. Code, § 282.] Under the laws of intestacy, this generally results in distribution to the disclaimant’s children if any. 3.) A supplement addressing: (a) whether David Aubrey has capacity to execute an assignment in light of decedent's intent to create a Special Needs Trust for his benefit; and (b) if Mr.

  • Hearing

    Mar 25, 2013

  • Judge Jed Beebe
  • County

    Santa Barbara County, CA

DAVID LEVIEDIN VS. RUGGED OAKS INVESTMENTS, LLC.

Plaintiff correctly argues in Opposition that the inclusion of this disclaimer does not automatically absolve Defendant of liability here. However, in light of the strong contractual language advising Plaintiff to confirm the rental restrictions on the property, and the ease with which Plaintiff was ultimately able to obtain this information, the Court does not see how Plaintiff could have reasonably relied upon Defendant’s representations.

  • Hearing

    Nov 07, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

IN THE MATTER OF RUSSELL COPLIN

The legal effect of the waiver of community property constitutes an irrevocable disclaimer, but does not avoid the duty to account for that portion of the estate. Petitioner should explain what happens with Petitioner's share of the separate property estate as an omitted spouse and the proposed distribution thereof. Petitioner should provide 15 days notice of the amended accounting to all persons entitled to notice.

  • Hearing

    Oct 15, 2008

  • Type

    Probate

  • Sub Type

    Trust

CARMEN HERR VS. APPLE INC

Apple submits evidence that Plaintiff purchased her first iPhone in January 2012, a date after June, 2009, when Apple added a disclaimer/disclosure regarding sales tax reimbursement on the sale of bundled iPhones.

  • Hearing

    Feb 02, 2017

  • Type

    Business

  • Sub Type

    Intellectual Property

MATTER OF HERMAN G SILVEIRA TRUST

Evidence of names and addresses of persons entitled to inherit as a result of the disclaimer, and notice to those persons and waivers of accounting. The effect of a disclaimer is to pass the disclaimed interest as if the disclaimant had predeceased the decedent/trustor(s). E.g., the disclaimant's share would pass to the disclaimant's issue, if any. The document filed does not indicate that the intent was to assign the interest. 2. Creditor Claims fully listed in Petition including amount.

  • Hearing

    May 14, 2019

HONEYWELL INTERNATIONAL, INC. VS. GENERAL REINSURANCE CORP.

regardless; (ISSUE 12) defendant’s twelfth affirmative defense (that plaintiff did not give timely notice) is defeated by the timeline showing plaintiff did give notice is also waived through defendant’s late disclaimer of coverage; (ISSUE 13) defendant’s thirteenth affirmative defense (that defendant was prejudiced by late notice) is defeated by the timeline showing plaintiff did give notice and is not supported by evidence of prejudice from defendant; and (ISSUE 14) defendant’s fourteenth affirmative defense

  • Hearing

    May 09, 2018

CARMEN HERR VS. APPLE INC

Apple submits evidence that Plaintiff purchased her first iPhone in January 2012, a date after June, 2009, when Apple added a disclaimer/disclosure regarding sales tax reimbursement on the sale of bundled iPhones.

  • Hearing

    Feb 02, 2017

  • Type

    Business

  • Sub Type

    Intellectual Property

OLIVER V. PACIFIC REAL ESTATE HOLDINGS, INC.

Other third parties affected by the disclaimer of interest have not been properly noticed of the within motion. Defendant seeks an order releasing to him funds remaining on deposit with the court. Defendant’s moving papers are insufficient to establish he is entitled to the relief requested or any relief. Defendant has not submitted evidence to establish that $634,678.00 was deposited with the court, what distributions have been made from the deposit and what amounts remain with the court.

  • Hearing

    Jul 26, 2018

CARMEN HERR VS. APPLE INC

Apple submits evidence that Plaintiff purchased her first iPhone in January 2012, a date after June, 2009, when Apple added a disclaimer/disclosure regarding sales tax reimbursement on the sale of bundled iPhones.

  • Hearing

    Feb 02, 2017

  • Type

    Business

  • Sub Type

    Intellectual Property

IN THE MATTER OF THE JOSEPH I FRIEDRICH TRUST NO 2

However, to rewrite the trust in order to advance large blocks of principal, in the absence of Gloria's full disclaimer of rights under the trust, to borrowers with no ability to repay, directly violates trust terms and trust purpose. Discuss. gmr

  • Hearing

    Oct 03, 2018

  • Type

    Probate

  • Sub Type

    Trust

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