Inside This Issue:

• Publication year: 2021

Inside this Issue:

Ciarán O'Sullivan, Esq.
Tips of the Trade: New Standard for Appellate Review of Findings Supported by Clear and Convincing Evidence..............................6
In Conservatorship of O.B. (July 27, 2020), the California Supreme Court announced a new, less deferential standard of appellate review of trial court findings and judgments that must be supported by clear and convincing evidence. This article looks at the facts and holdings of the case and how it may affect appeals of trusts and estates cases.

Scott A. Fraser, Esq. and Matthew R. Owens, Esq.
Let's Get Digital! ESI in Trust and Estate Litigation, Part 1 ...........11
This is the first of a two-part series on electronically stored information ("ESI") in trust and estate litigation. This first part covers the rules governing ESI and provides practical guidance for applying those rules in the context of trusts and estates.

Evan D. Winet, Esq.
After Beckwith: An Update on the Interference with Inheritance Tort in California........................................................................23
California has recognized the tort of intentional interference with expectancy of inheritance (IIEI) since 2012, with the publication of Beckwith v. Dahl. This article reviews Beckwith and discusses Gomez v. Smith, which is the first published decision on IIEI since Beckwith and the first published California decision to uphold recovery on an IIEI claim.

Erin A. Norcia, Esq. and Hengameh Kishani, Esq.
How to Invade Someone's Privacy 101.......................................35
The right to privacy is one of the most frequently raised objections in the course of trust and estate litigation. This article explores the methods for compelling disclosure of private information, arguments used to prevent disclosure, the nuances when the information is sought during one's life versus after death, and the standard that courts apply in determining whether the right to privacy should yield to evidentiary needs.

Hon. Reva Goetz (Ret.)
Weaponizing the Litigation Process—When Litigation Results in the Taking of Hostages..........................................................45
What happens when the legal process doesn't work because it is being used as a sledgehammer to punish those on the opposing side of litigation? Judge Reva Goetz (Ret.) has seen it happen from the bench and in her alternative dispute...