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CARMACK v. REYNOLDS (FREALY)

United States Court of Appeals Ninth Circuit’s Request to Answer Question of State Law

10 Cited authorities

  1. In re Neuton

    922 F.2d 1379 (9th Cir. 1990)   Cited 103 times
    Holding that a pro se litigant did not waive an argument that he neglected to develop fully before the district court because he had been “led astray by the shifting legal theories” that had governed the case

  2. Chatard v. Oveross

    179 Cal.App.4th 1098 (Cal. Ct. App. 2009)   Cited 28 times

    No. B213392. November 30, 2009. Appeal from the Superior Court of Los Angeles County, No. BP095164, Aviva K. Bobb, Judge. Panitz Kossoff and Kenneth W. Kossoff for Plaintiff and Appellant. Berman Berman, Ronald Berman; Oldman, Cooley, Sallus, Gold, Birnberg Coleman, Marc L. Sallus and Mary-Felicia Apanius for Defendant and Respondent. OPINION WILLHITE, J. INTRODUCTION This appeal raises the issue whether the beneficiary of a spendthrift trust who also acts as trustee and commits a breach of trust

  3. Sullivan v. Oracle Corp.

    557 F.3d 979 (9th Cir. 2009)   Cited 8 times   1 Legal Analyses
    Looking to decisions of California appellate courts

  4. Estate of Lawrence

    267 Cal.App.2d 77 (Cal. Ct. App. 1968)   Cited 6 times

    Docket No. 25238. October 31, 1968. APPEALS from a decree of the Superior Court of the City and County of San Francisco ordering the distribution of an estate. Gerald S. Levin, Judge. Portions of decree appealed from reversed with directions. Dean Cunha and James R. Cunha for Petitioner and Appellant. Fields, Roos McBride, Leslie L. Roos and Stuart M. Gordon for Objector and Respondent. SALSMAN, J. Two appeals are presented in this case by the appellant United California Bank, the first in its capacity

  5. Kelly v. Kelly

    11 Cal.2d 356 (Cal. 1938)   Cited 31 times
    Allowing wife to enforce judgment against defendant husband for damages equal to the trust income amount assigned

  6. Section 15300 - Beneficiary's interest in income not subject to transfer

    Cal. Prob. Code § 15300   Cited 37 times
    Authorizing creation of spendthrift trust

  7. Section 15306.5 - Order directing trustee to satisfy judgment out of payments to which beneficiary entitled

    Cal. Prob. Code § 15306.5   Cited 36 times   2 Legal Analyses
    Providing that despite the general enforceability of spendthrift trust provisions, a judgment creditor may obtain a court order to satisfy a judgment against a debtor from payment made by a trust not to exceed 25 percent of what the debtor as a trust beneficiary would otherwise receive

  8. Section 15301 - Beneficiary's interest in principal not subject to transfer

    Cal. Prob. Code § 15301   Cited 35 times   1 Legal Analyses

    (a) Except as provided in subdivision (b) and in Sections 15304 to 15307, inclusive, if the trust instrument provides that a beneficiary's interest in principal is not subject to voluntary or involuntary transfer, the beneficiary's interest in principal may not be transferred and is not subject to enforcement of a money judgment until paid to the beneficiary. (b) After an amount of principal has become due and payable to the beneficiary under the trust instrument, upon petition to the court under

  9. Section 15307 - Application of amount to which beneficiary to receive to satisfaction of money judgment

    Cal. Prob. Code § 15307   Cited 10 times

    Notwithstanding a restraint on transfer of a beneficiary's interest in the trust under Section 15300 or 15301, any amount to which the beneficiary is entitled under the trust instrument or that the trustee, in the exercise of the trustee's discretion, has determined to pay to the beneficiary in excess of the amount that is or will be necessary for the education and support of the beneficiary may be applied to the satisfaction of a money judgment against the beneficiary. Upon the judgment creditor's

  10. Rule 8.548 - Decision on request of a court of another jurisdiction

    Cal. R. 8.548   Cited 210 times

    (a)Request for decision On request of the United States Supreme Court, a United States Court of Appeals, or the court of last resort of any state, territory, or commonwealth, the Supreme Court may decide a question of California law if: (1) The decision could determine the outcome of a matter pending in the requesting court; and (2) There is no controlling precedent. (Subd (a) amended effective January 1, 2007.) (b)Form and contents of request The request must take the form of an order of the requesting