Update on In re Brace – pending at the California Supreme Court

This is the case where the California Supremes will decide whether property held by husband and wife as joint tenants is owned 50-50 by each or is owned as community property.   California law presumes both.  The BAP agreed with Judge Scott Yun and ruled that the ”record title presumption of Cal. Evid. Code § 662″ does not trump “the community property presumption of Cal. Fam. Code § 760″ citing Valli v. Valli (In re Marriage of Valli), 58 Cal. 4th 1396 (2014).

The 9th Circuit punted the issue over to the California Supreme Court.  They are still doing briefing so we are probably a ways from a result.  The Supremes must rule within 90 days after oral argument but there is no deadline re when oral argument must be set.

 IN RE CLIFFORD ALLEN BRACE, JR. 
Case Number S252473 (See docket below)
Date Description Notes
11/09/2018 Request to answer question of state law filed Information only: United States Court of Appeals for The Ninth Circuit
11/09/2018 Received: General Docket; Appellant’s Opening Brief, Amicus Curiae Brief, Appellee’s Answering brief, Appellants’ Reply Brief; Appellants’ Excerpts of Record, Volumes 1 – 4, Appellee’s Supplemental Excerpts of Record.
11/29/2018 Filed: Letter dated November 28, 2018 from Judith E. Marshack, counsel for respondent.
01/16/2019 Request for certification granted The request, made pursuant to California Rules of Court, rule 8.548, for this court to decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit, is granted. For the purposes of briefing and oral argument, appellants Clifford Brace, Jr., and Ahn Brace are deemed the petitioners in this court. (Cal. Rules of Court, rule 8.520(a)(6).) Votes: Cantil-Sakauye, C.J., Chin, Corrigan, Liu, Cuéllar, Kruger and Groban, JJ.
02/21/2019 Application for relief from default filed Counsel for appellants requesting permission to file an untimely opening brief on the merits.
02/21/2019 Received: Untimely opening brief on the merits.
02/28/2019 Order filed The application by appellants for leave to file an untimely opening brief on the merits is hereby granted.
02/28/2019 Opening brief on the merits filed Appellant: Clifford Allen Brace, Jr.
Attorney: Stephen R. Wade

Appellant: Anh N. Brace
Attorney: Stephen R. Wade

03/11/2019 Application for extension of time filed Counsel for respondent requesting an extension of time to file the answer brief on the merits until and including May 2, 2019.
03/15/2019 Extension of time granted On application of respondent and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including May 2, 2019.
05/02/2019 Answer brief on the merits filed Respondent: Steven M. Speier
Attorney: Judith E. Marshack


Answer brief on the merits filed. Due on 05/02/2019  By 30 Day(s)

05/28/2019 Received: Untimely reply brief on the merits.
06/04/2019 Application for relief from default filed Counsel for appellants requesting permission to file an untimely reply brief on the merits.
06/12/2019 Order filed The application by the appellants for permission to file an untimely reply brief on the merits is hereby granted.
06/12/2019 Reply brief filed (case fully briefed) Appellant: Clifford Allen Brace, Jr.
Attorney: Stephen R. Wade

Appellant: Anh N. Brace
Attorney: Stephen R. Wade

07/10/2019 Application to file amicus curiae brief filed Grace Ganz Blumberg requesting permission to file an amicus curiae brief in support of the appellants.
07/15/2019 Application to file amicus curiae brief filed by Christopher C. Melcher, for permission to file an amicus curaie brief in support of the respondent. Filed pursuant to rules of court, CRC 8.25(b).
07/17/2019 Permission to file amicus curiae brief granted The application of Christopher C. Melcher for permission to file an amicus curiae brief in support of respondent is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)
07/17/2019 Amicus curiae brief filed Amicus curiae: Christopher C. Melcher
Attorney: Christopher C. Melcher
07/17/2019 Permission to file amicus curiae brief granted The application of Grace Ganz Blumberg for permission to file an amicus curiae brief in support of appellants is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)
07/17/2019 Amicus curiae brief filed Amicus curiae: Grace Ganz Blumberg
Attorney: Grace Ganz Blumberg
08/16/2019 Response to amicus curiae brief filed Respondent: Steven M. Speier
Attorney: D. Edward Hays
08/19/2019 Application filed by D. Edward Hays, counsel for respondent, requesting permission to file a supplement to the response to amicus curiae brief.
08/28/2019 Order filed The application of respondent for leave to file a supplemental response to the amicus curiae brief is hereby granted.
08/28/2019 Filed: by counsel for respondent, D. Edward Hays, supplement to respondent’s response to amicus curiae brief

 

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