Committee weighs proposed probate rule to allow immediate appeals of some court orders

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The Legislative Committee on Judicial Rules examined a proposed amendment to probate procedures (BRPP54A) that would identify specific probate and guardianship orders that may be appealed immediately rather than waiting until final disposition.

Joanne Ortell, presenting the proposal, said the amendment responds to instances where an interlocutory decision — for example, allowance to sell real estate — could be irreversible and therefore merits an immediate right of appeal. “If someone was upset by decision to sell real estate, they need to have the right to appeal immediately,” Ortell said.

Supporters told the committee the change would clarify when appeals are available; opponents — including two trial court judges who submitted comments — warned the amendment could encourage earlier appeals and thereby delay proceedings. As Ortell summarized, some judges “liked the idea, but they had concerns about whether it was premature to allow people to appeal. It would slow down the proceedings.”

Committee members proposed narrowing appeal windows to limit delay. Representative Allison (first name not specified in transcript) asked whether a “very tight window,” such as 30 days, could be required; Ortell said the normal 30-day appeal period likely applies and that she would “bring that to the committee’s attention for discussion in September.”

The committee did not vote to promulgate the rule at this meeting; Ortell said the Evidence/Rules committee will consider the matter again at its next rules meeting in September and that the Supreme Court has not yet been asked to promulgate BRPP54A.

Members emphasized the balance between clarifying litigants’ rights and avoiding procedural fragmentation. As Ortell put it: “People need to know what their rights are,” but others cautioned that creating appeal triggers could increase appeals and delay estate and guardianship matters.

The committee will revisit the proposed rule at its next rules meeting and may solicit language tightening appeal deadlines before deciding whether to recommend promulgation to the Supreme Court. 

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Committee weighs proposed probate rule to allow immediate appeals of some court orders 

Linda Kincaid Reports: California Legislative Hearings on Elder Abuse in Assisted Living

On Tuesday, February 11, 2014, California legislators will hear testimony on failure of Community Care Licensing (CCL) to enforce regulations and protect residents in residential care facilities for the elderly (RCFE). The hearings follow on public outcry over CCL negligence in the closure of Valley Springs Manor in Castro Valley, California.

Most facility staff left Valley Springs Manor after CCL ordered the facility closed. However, CCL made no provision for moving residents to alternate locations. A licensing analyst knowingly left twelve residents in the care of a janitor and a cook. The Contra Costa Times followed the story and called for accountability.

Further impetus for the hearings came from coverage by the San Diego Union Tribune and the California Healthcare Foundation (CHCF) Center for Health Reporting.

The U-T and the CHCF Center for Health Reporting in September chronicled 27 deaths as a result of abuse or neglect. The series revealed regulatory weaknesses including a maximum fine of $150, even for violations resulting in death, and inspections that can take place every five years — less often than in other states.

This Examiner interviewed the director of  Sunny Place of Stockton (San Joaquin County) after the facility was assessed a $150 civil penalty for the wrongful death of resident Maria Jordanou. The director said she did not appeal the citation because, “It was trivial.”

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California Legislative Hearings on Elder Abuse in Assisted Living