Brenda Penny has been elected a Los Angeles Superior Court commissioner, Presiding Judge David Wesley informed judicial officers. Brenda Penny has been hearing the morning probate calendar in Department 5 of the Los Angeles Superior Court, Central District. Commissioner Penny, a former probate attorney for the Court, was elected in balloting by the court’s judges. The Court has had a commissioner post open since David Cowan, who hears Probate Matters in Department 9 of the Los Angeles Superior Court, Central District, was recently appointed as a judge.
At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other cases concerning revocable inter vivos trusts. Incapacity may be relevant in all of these types of cases. California law on incapacity can be very complex when it applies. Probate Code section 810 provides for a “rebuttable presumption” with respect to capacity: 810. The Legislature finds and declares the following:
(a) For purposes of this part, there shall exist a rebuttable presumption affecting the burden of proof that all persons have the capacity to make decisions and to be responsible for their acts or decisions.