The Problem With Probate

  • Law

  • The first civil suit regarding the Scott Gragson DUI incident was filed.  The plaintiff is represented by the firms of Kemp, Jones, & Coulthard and Morris, Sullivan, & Lemkul. Named defendants include Gragson Data SS, LLC. If you want to read about it yourself (since one thinks they’re only seeking $60K and neither identifies the lawyers, it is case A-19-796424-C and assigned to Judge Joe Hardy. [Fox5Vegas; RJ]
  • An $800,000 trial alleging a doctor left a wire in a patient following an angioplasty started yesterday with Jim Jimmerson for plaintiff and Patricia Daehnke for defendant. [RJ]
  • Some of you mentioned it recently in the comments, but does anyone actually know what is going on with the delays in probate court?
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Anonymous
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Anonymous
June 12, 2019 6:46 pm

Delays in Probate Court?
Do you mean to say that in a County with more than 2 million residents and only ONE probate commissioner there are delays? I am shocked, shocked to find that delays are going on here.

Anonymous
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Anonymous
June 12, 2019 7:06 pm

I cannot believe how shitty fellow attorneys treat other attorneys. Believe me, word gets out, and fuck you.

Anonymous
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Anonymous
June 12, 2019 7:55 pm
Reply to  Anonymous

Amen. And frankly this Blog is often the megaphone for such behavior. We periodically get mea culpas but just read the blog for the past two weeks and it is business as usual.

Anonymous
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Anonymous
June 12, 2019 9:42 pm
Reply to  Anonymous

I totally agree. I have started so many emails with "Go fuck yourself" only to immediately delete of course. It was more fun 15 years ago when I learned that trick from one of my mentors. She told me to draft letters – actually type them out – to get out my anger, print them and keep them in a "smile file." My smile file is more of an angry file but it makes me freaking laugh. Actually – I just realized, I should start doing that again! we would share our "draft" letters and laugh and laugh….ah, those were the days. I'm doing that right now. I've got one tee'd up….

Anonymous
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Anonymous
June 13, 2019 12:12 am
Reply to  Anonymous

Karma is a bitch. For me, it usually takes 3 years to catch up with the assholes attorneys I have had to deal with, but God is just.

Anonymous
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Anonymous
June 12, 2019 7:07 pm

There should be two probate commissioners. One who handles contested matters and a second who handles uncontested matters and real estate sales. Contested matters should be heard on Fridays and the sales/uncontesteds should be heard Wednesdays. I would have Yamashita handle the contested matters because of his extensive experience and deep knowledge. Any yokel could do the uncontesteds and sales.

Anonymous
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Anonymous
June 12, 2019 7:58 pm
Reply to  Anonymous

Is there some reason Yamashita cannot handle a hearing calendar two day a week? Other judges handle motion calendar two days a week. Sturman has hearing calendar 2 days a week which leaves 3 days a week (other than trials) when the courtroom is available. We have 2 Probate Judges (Sturman and cannotrememberwhotheFamilyonegotchangedto).

Anonymous
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Anonymous
June 12, 2019 8:49 pm
Reply to  Anonymous

Sure. Currently the EDCR prohibit it, under EDCR 4.10. He's not a judge, he's a special master, and his ability to do things is limited by what he's been specifically authorized to do. Now, the chief judge could change that, but that hasn't happened yet.

Anonymous
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Anonymous
June 12, 2019 9:49 pm
Reply to  Anonymous

Although EDCR 4.10 does not require technically an amendment of the rule, just "change by order of the chief judge."

Anonymous
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Anonymous
June 13, 2019 1:38 am
Reply to  Anonymous

Presently, there are three judges that oversee the probate cases that are filed here in our county, but the percentage is very lopsided.

Judge Gloria Sturman 90%, Judge William Potter 5%, Judge Linda Marquis 5%

Anonymous
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Anonymous
June 12, 2019 7:18 pm

I read through the Gragson/DUI/PI complaint and can't, for the life of me, see any legitimate reason why they brought in Gragson Data SS, LLC. There was no allegations that it owned the vehicle and that it negligently entrusted the vehicle to Gragson. The only reason, it appears, is to add additional insurance coverage for something that the entity is not legally liable for such accident. I'm on the plaintiff side in most things, but this one reeks of attempts at a nuisance settlement.

Anonymous
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Anonymous
June 13, 2019 12:05 am
Reply to  Anonymous

Any reason why Colliers wasn't named?

Also, did tox come back yet and was he on coke too?

anonymous
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anonymous
June 13, 2019 12:20 am
Reply to  Anonymous

He was drinking at some kind of golf tournament which was surely a business function for him. I think you almost have an obligation to bring his business in and see if you can make some kind of course and scope/vicarious liability argument fly. Might work, might not.

Anonymous
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Anonymous
June 13, 2019 2:52 pm
Reply to  Anonymous

@12:18p here re 5:20p – Yes, but none of the allegations seem to mention that. They're simply making a 'reverse pierce the corporate veil' argument and then saying that the business is co-liable.

Anonymous
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Anonymous
June 12, 2019 9:17 pm

I hope Daehnke takes it on the chin in this case. I am tired of seeingher defend clearly negligent doctors. even in this case, they are trying to deflect blame on another phantom doctor.

Anonymous
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Anonymous
June 12, 2019 9:48 pm
Reply to  Anonymous

In her defense, med mal cases are so hard to settle. I wouldn't do that as plaintiffs work unless it was the million dollar case that comes around rarely. Docs don't want to settle because they have to report and there are an entire host of disciplinary issues. I don't blame any med mal defense attorney any more for the way they manage cases.

anonymous
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anonymous
June 12, 2019 10:44 pm
Reply to  Anonymous

Every doctor believes that he or she is God’s gift to medicine and could not have possibly made a mistake. Plus why settle if there is a cap and little risk of an excess verdict? Defense attorneys don’t control those things, but they do control how they counsel the client, and what kind of motions they file. I hope defense takes it on the chin in this case. It would be richly deserved based on what I’ve heard.

Anonymous
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Anonymous
June 13, 2019 1:08 am

That feeling when you look at a brief filed by someone who practices in the same area as you, criticizes you openly for your abilities, and you discover they have lifted, word for word, arguments you made successfully in a similar case last year. Word for word.

Anonymous
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Anonymous
June 13, 2019 1:13 am
Reply to  Anonymous

Happens all the time. Plaintiffs or defense work?

Anonymous
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Anonymous
June 13, 2019 2:37 am

Who is the MD in the Jimmerson matter? My husband just had a botched angioplasty. Would love to hear that it is the jackass that couldn't help my husband so I can testify against him. My husband's MD called a few days ago, after he kept us waiting 3 hours. I told him my hourly rate was $400 and he owes me $1200, called him crazy and then hung up on him. I have never treated a professional like this before. Well deserved I will admit.

Anonymous
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Anonymous
June 13, 2019 6:10 am

With 170 layoffs of deans, watch ccsd become an even bigger shit hole.

Anonymous
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Anonymous
June 13, 2019 3:17 pm

For attorneys that handle post-foreclosure evictions, is NLV JC super short staffed or behind? It was a two week turnaround earlier this year from drop off to filed, with an OSC set a month out. Now it takes several weeks for the documents to be processed and our hearings are being set two months out.

Anonymous
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Anonymous
June 13, 2019 5:16 pm
Reply to  Anonymous

That's slower than watching 3rd world countries industrialize