I have provided below a link on youtube for my short video discussing tips for approaching dispute resolution, mediation and meetings. I have also written more detailed materials to help you prepare for dispute resolution and mediation.

Thank you for viewing and reading. Please pass this along to other people who would be interested.

* * * * * * *

Best to you,

David Tate, Esq. (and inactive CPA)

• Business litigation and disputes – business, breach of contract/commercial, co-owners, shareholders, investors, founders, workplace and employment, environmental, D&O, governance, boards and committees.
• Trust, estate and probate court litigation and disputes – trust, estate, probate, elder and dependent abuse, conservatorship, POA, real property, mental health and care, mental capacity, undue influence, conflicts of interest, and contentious administrations.
• Governance, boards, audit and governance committees, investigations, auditing, ESG, etc.
• Mediator and facilitating dispute resolution:
  • Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
  • Business, breach of contract/commercial, owner, shareholder, investor, etc.
  • D&O, board, audit and governance committee, accountant and CPA related.
  • Other: workplace and employment, environmental, trade secret.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that doesn’t mean that I don’t or might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.

Below is a picture of the Pathway through the CARE Court, from the State of California CARE Court website.

Many key word are noted, including but not limited to: voluntarily engage (or not); petition for evidence; appoints legal counsel; voluntary supporter; order a clinical evaluation; orders the development of a CARE plan; CARE plan may include behavioral health treatment, stabilization medication, and a housing plan, etc. Although the Pathway is not called a conservatorship, it is still court-ordered, with a court-appointed attorney representing the individual. You should also note that SB 1338 is a long piece of legislation that goes into many areas including insurance plans and coverage, situations of possible criminal behavior, and situations involving possible LPS or general conservatorships, in addition to the separate CARE Court provisions. CARE stands for: The Community Assistance, Recovery, and Empowerment (CARE) Act. Here is the link for the State of California CARE Court website https://www.chhs.ca.gov/care-act/

More to follow as the State and the first group (cohort) of counties start to put details into exactly how this program will be designed and will operate (the first counties include Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne, and the City and County of San Francisco).

Thank you for reading. Please pass this along to other people who would be interested.

* * * * * * *

Best to you,

David Tate, Esq. (and inactive CPA)

• Business litigation and disputes – business, breach of contract/commercial, co-owners, shareholders, investors, founders, workplace and employment, environmental, D&O, governance, boards and committees.
• Trust, estate and probate court litigation and disputes – trust, estate, probate, elder and dependent abuse, conservatorship, POA, real property, mental health and care, mental capacity, undue influence, conflicts of interest, and contentious administrations.
• Governance, boards, audit and governance committees, investigations, auditing, ESG, etc.
• Mediator and facilitating dispute resolution:
  • Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
  • Business, breach of contract/commercial, owner, shareholder, investor, trade secret, etc.
  • D&O, board, audit and governance committee, accountant and CPA related.
  • Other: workplace and employment, environmental.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that doesn’t mean that I don’t or might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.

Today is one year after the body of my dear sister Deb was found at the Nathaniel P. Reed Hobe Sound National Wildlife Refuge, which is only a short distance from her home. Deb was known to go there often for walks at the beach. We (Deb’s relatives, lifelong friends, and I) wanted an obituary to be published for Deb in loving memory and in celebration of her life. A long time had already passed without action. Below I have pasted a copy of the January 2022 obituary that we published in loving memory and celebration of Deb’s life.

In mid-May, 2022, we filed two petitions with the Court, one for administration and one to obtain and bring Deb’s ashes back home to California (the petitions should be public record) – here is the caption for the petition that we filed to get Deb’s ashes home to California:

Many efforts were made to avoid the lawsuit, and efforts have even continued last month. Responses to the petitions were filed with the Court (which also should be public record). The responses are essentially objections and denials. We served written discovery (interrogatories, requests for production of documents, and requests for admissions). The responses to the discovery came back the last week in August (i.e., last month). Again, objections and denials.

The denials include the denial that Deb had wanted her ashes to come home to California to be spread at two locations – (1) Mt. Tam (Tamalpais)/Mill Valley/Sausalito, and (2) at the winery. People who know Deb know this to be true. Since Deb’s death her ashes, and all of her assets including Tate legacy personal property have been controlled, possessed, and kept secret in Florida.

I have handled a lot of trust, estate, and elder abuse cases over the years. Nevertheless, there are some circumstances about Deb’s situation that I had not previously seen. For example, this is the first case that has involved the decedent’s wishes for what will happen to her remains (in this case Deb’s ashes) – I have come to experience and understand what an important issue this is for the decedent, and for her family, and for her really good friends, spiritually and emotionally, and for closure. One might argue that it is one of the most important, or perhaps the most important issue after a loved one passes.

I am now aware that the laws in Florida and California are similar regarding a decedent’s remains. The law in Florida is that the decedent’s wishes are to be honored. The law in California is similar but the path or process that is followed to get there might be a little different. For example, in some situations in California a person who was an attorney in fact under a power of attorney for health care (if there was one) might be involved in decision making; however, if you are knowledgeable about powers of attorney you will also know that the principal’s wishes and instructions are relevant and important, and must be followed in some situation or at least considered in the other situations. Thus, in Deb’s case, under both Florida and California law her ashes should come home to California as she wished – which, of course, has not happened, is being prevented, and I am now convinced will not occur without Court order.

It is important that Deb’s wishes be honored. Perhaps lessons can also be learned from Deb’s situation that might be helpful to other people in similar situations. I can tell you that I now view certain situations differently than I did before. More to follow – in addition to the law, in Deb’s situation there is also a fairly large amount of evidence including texts, phone calls and phone messages, emails, pictures, videos, etc.

Written in loving memory of Deb and in celebration of her life.

Here is a picture of Deb’s obituary:

Thank you for reading. Please pass this along to other people who would be interested.

* * * * * * *

Best to you,

David Tate, Esq. (and inactive CPA)

• Business litigation and disputes – business, breach of contract/commercial, co-owners, shareholders, investors, founders, workplace and employment, environmental, D&O, governance, boards and committees.
• Trust, estate and probate court litigation and disputes – trust, estate, probate, elder and dependent abuse, conservatorship, POA, real property, mental health and care, mental capacity, undue influence, conflicts of interest, and contentious administrations.
• Governance, boards, audit and governance committees, investigations, auditing, ESG, etc.
• Mediator and facilitating dispute resolution:
  • Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
  • Business, breach of contract/commercial, owner, shareholder, investor, trade secret, etc.
  • D&O, board, audit and governance committee, accountant and CPA related.
  • Other: workplace and employment, environmental.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that doesn’t mean that I don’t or might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.

The California Community Assistance, Recovery, and Empowerment (CARE) Court Program legislation (SB 1338) has passed the Legislature, and it certainly will be signed by Governor Newsom as the act has his support. Here is a link to the Governor’s statement on the passage of CARE Court https://www.gov.ca.gov/2022/08/31/governor-newsom-statement-on-the-legislatures-passage-of-care-court/.

I wrote a blog about the SB 1338 in May although I seldom write about legislation before it is enacted. But the CARE Court is a significant piece of legislation and I knew that it had strong support, and some opposition. Indeed, the details in the legislation have changed, and have increased significantly since May (printing SB 1338 from the legislative website is 25 pages, whereas in PDF form SB 1338 is 52 pages).

The CARE Court does not start immediately; however, as the CARE Court has to be put in place, further designed and implemented at the county level, a significant (perhaps tremendous) amount of work has to be done. Although SB 1338 is lengthy, it does not represent or arise to the level of being the plan and court rules for final implementation. As stated in SB 1338: “A first cohort of counties, which shall include the Counties of Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne, and the City and County of San Francisco, shall begin no later then October 1, 2023, unless the county is provided additional time pursuant to paragraph (2) of subdivision (c).” To the extent that I am able to relatively easily follow progress that is being made, I will do so, and I will be commenting about this legislation and developments in future blog posts.

This legislation pertains to difficult issues, and to people with difficult health, mental and physical conditions and situations, and it also pertains to personal and constitutional rights. California already has in place conservatorship processes (both LPS and general conservatorships), and there also are already rights, duties and responsibilities relating to principal/agent, power of attorney, trustee/beneficiary, executor/beneficiary, doctor/patient and healthcare provider, and other similar relationships. To the extent that a CARE Court issues an order or directive, unless it is very truly voluntarily entered into, most likely it will be or at least could be considered to be an order or directive, or some sort of limitation on personal rights by the government.

More to follow after the Governor signs this legislation and the work begins.

Thank you for reading. Please pass this along to other people who would be interested.

* * * * * * *

Best to you,

David Tate, Esq. (and inactive CPA)

• Business litigation and disputes – business, breach of contract/commercial, co-owners, shareholders, investors, founders, workplace and employment, environmental, D&O, governance, boards and committees.
• Trust, estate and probate court litigation and disputes – trust, estate, probate, elder and dependent abuse, conservatorship, POA, real property, mental health and care, mental capacity, undue influence, conflicts of interest, and contentious administrations.
• Governance, boards, audit and governance committees, investigations, auditing, ESG, etc.
• Mediator and facilitating dispute resolution:
  • Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
  • Business, breach of contract/commercial, owner, shareholder, investor, trade secret, etc.
  • D&O, board, audit and governance committee, accountant and CPA related.
  • Other: workplace and employment, environmental.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that doesn’t mean that I don’t or might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.