Legal Opinion
O'BRIEN v. Dudenhoeffer
California Court of Appeal
Decided June 3, 1993No. B064789PublishedCited by 27 opinions
1Opinion of the Court
Opinion
YEGAN, J.
We hold that an ex parte, lawful, and extant order appointing a temporary conservator of the estate of the conservatee constitutes an adjudication that the conservatee lacks the capacity to give away his or her real property.
Michael O’Brien appeals from the judgment entered following a court trial. The trial court found that a gift deed from octogenarian Nadine Gamelin, O’Brien’s mother, to Jack and Susan Dudenhoeffer was valid. The deed was executed after O’Brien was made temporary conservator of Gamelin’s person and estate. The trial court found, inter alia, that Probate…
2Cases cited13 opinions
- California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
- Palos Verdes Faculty Ass'n v. Palos Verdes Peninsula Unified School DistrictCalifornia Supreme Court · 1978
- Unzueta v. Ocean View School DistrictCalifornia Court of Appeal · 1992
- Sand v. Superior CourtCalifornia Supreme Court · 1983
- Mutual Life Insurance v. City of Los AngelesCalifornia Supreme Court · 1990
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3Cited by27 opinions
- Fletcher v. Children's Hospital Medical Center FoundationCalifornia Court of Appeal · 1995
- Gilliland v. Medical BoardCalifornia Court of Appeal · 2001
- Poway Unified School Dist. v. Superior Court of San Diego CountyCalifornia Court of Appeal · 1998
- Miranda v. National Emergency Services, Inc.California Court of Appeal · 1995
- Welch v. Oakland Unified School DistrictCalifornia Court of Appeal · 2001
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