Four More CCBA-Sponsored Bills Signed into Law by Governor Brown

Four more CCBA-sponsored bills have been signed into law by Governor Brown since the last posting.  The four are:

Assemblymember Chau

AB 267 (Chau) - Creates a privilege in the law for communications between a prospective client and a lawyer referral service (LRS) certified by the State Bar of California, similar to the existing attorney-client privilege. The privilege would extend to confidential communications between the client and the LRS, and would protect those communications from discovery or revelation in the same manner and to essentially the same extent as confidential communications between attorney and client. CCBA Resolution 08-02-2012, sponsored by the Contra Costa County Bar Association and developed by CCCBA delegate Stephen Steinberg.  

AB 381 (Chau) - Extends current protections against misappropriation of property by attorneys-in-fact to elders, dependent adults, and victims of the attorney-in-fact’s bad faith undue influence.  The bill also would also permit courts to add attorney’s fees and costs to the award in successful cases to recover property misappropriated from conservatees, minors, elders, dependent adults, trusts, decedent’s estates, or victims of bad faith undue influence. Includes Resolution 04-08-2012 and Resolution 04-09-2012, both sponsored by the Sacramento County Bar Association.

Assm. Wagner

AB 824 (Jones) - Amends Code of Civil Procedure §1856 to specify that trust instruments are agreements subject to the parol evidence rule, thereby conforming the language of the statute to numerous court decisions over the years and reducing unnecessary litigation and cost by obviating wasteful and futile attempts to re-litigate the issue.  The bill embodies Resolution 04-11-2012 sponsored by the Beverly Hills Bar Association.

AB 1160 (Wagner) - Reinstates the requirement that a personal representative who wishes to participate in an heirship determination proceeding in his or her capacity as personal representative - and therefore at estate expense – must first demonstrate good cause a
nd obtain the court’s approval. Protects the integrity of the probate system by helping to assure that an improperly motivated personal representative cannot use estate funds to finance proceedings for his or her own benefit, and preventing these heirship proceedings from becoming adversary proceedings that deplete estate funds. The bill is based on Resolution 01-04-2011 out of BASF.

The signings bring the number of CCBA-sponsored and supported bills in 2013 to eight (including 11 resolutions).  Another seven are still moving smoothly through the legislative process, and are expected to be sent to the Governor within the next few weeks.  The progress of all CCBA-sponsored/supported bills can be tracked on the CCBA Legislative Program matrix.