Existing law establishes an express presumption of fraud or undue influence when a donative instrument makes a gift to the person who drafted or transcribed the instrument or to the care custodian of a transferor who is a dependent adult, as specified. Existing law exempts, among others, spouses and cohabitants of the transferor, from the presumption of fraud or undue influence. This bill would additionally subject to the above-described presumption a gift made to a care custodian who commenced a marriage, cohabitation, or domestic partnership with a transferor who is a dependent adult while providing services to that dependent adult, or within 90 days after those services were last provided to the dependent adult, if the donative transfer occurred, or the instrument was executed, less than 6 months after the marriage, cohabitation, or domestic partnership commenced. Existing law provides that if a decedent fails to provide by testamentary instrument for the decedent's surviving spouse who married the decedent after the execution of all the decedent's testamentary instruments, the omitted spouse is required to receive 12 of the decedent's community and quasi-community property and a share of the separate property, as specified. However, existing law prohibits a surviving spouse from receiving a share of the decedent's estate consistent with these provisions in certain circumstances, including, among others, when the spouse made a valid agreement waiving the right to share in the decedent's estate. This bill would further prohibit a surviving spouse from receiving a share of the decedent's estate as described above if the spouse was a care custodian of the decedent who was a dependent adult and the marriage commenced while the care custodian provided services to the decedent, or within 90 days after those services were last provided to the decedent, and the decedent died less than 6 months after the marriage commenced, unless the spouse can prove by clear and convincing evidence that the marriage was not the product of fraud or undue influence.
Sponsored bills
Existing law relating to arbitration of attorney's fees tolls the time for filing a civil action seeking judicial resolution of a dispute subject to arbitration from the time an arbitration is initiated in accordance with rules adopted by the board of trustees of the State Bar of California until 30 days after receipt of notice of the award of the arbitrators or receipt of notice that the arbitration is otherwise terminated, whichever comes first. Existing law prohibits commencement of arbitration if a civil action requesting the same relief would be barred by existing law governing the time of commencing civil actions. Existing law establishes an exception to that prohibition for a request for arbitration by a client pursuant to specified provisions for arbitration of attorney's fees, following the filing of a civil action by the attorney. This bill would instead allow commencement of arbitration upon a request for arbitration by a client pursuant to those provisions, following the commencement of an action in any court or any other proceeding by the attorney. Existing law, except for certain claims where there is an underlying criminal charge, requires that an action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services must be commenced within one year after the plaintiff discovers, or should have discovered, the wrongful act or omission, or 4 years from the date of the wrongful act or omission, whichever occurs first. Under existing law, that period is tolled if certain conditions exist. This bill would additionally toll that period if a dispute between the lawyer and client concerning fees, costs, or both is pending resolution under existing law relating to arbitration of attorney's fees. The bill would define "pending" for that purpose.
Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. This bill would require the State Department of Education to develop and implement a statewide professional learning infrastructure to provide evidence-based support to educators in teaching reading and literacy across grades and across the content areas identified in the state's English Language Arts/English Language Development Framework, as provided. The bill would require the department to establish the statewide professional learning infrastructure through the statewide system of support and in collabation with the California Collaborative for Education Excellence, and would require the department to identify, though a competitive process, a lead county office of education to administer the infrastructure.
This measure would recognize the month of June 2019 as Alzheimer's and Brain Awareness Month and Friday, June 21, 2019, as The Longest Day, and would urge all Californians to commemorate the month of June 2019 as Alzheimer's and Brain Awareness Month.
This measure would declare the month of June 2019 as Portuguese National Heritage Month.
This measure would dedicate the month of May 2019 as Maternal Mental Health Awareness Month.
This measure would declare June 5, 2019, as California Nonprofits Day in recognition of the importance of nonprofit organizations to the economy and well-being of this state.
This measure would declare the support of the Legislature for the expansion of sensory-friendly movie screenings and similar programs for people with autism, and would encourage families to attend a sensory-friendly movie screening during April 2019, which is National Autism Awareness Month.