FLS JANUARY 14 MEETING INFO!

Our next meeting is Thursday, January 14, 2010 from 11:30 a.m. – 1:00 p.m. at Tommy O’s, 801 Washington Street, Vancouver, WA.


Judge Rulli and Scott Horenstein will explain the Supreme Court case, Estate of Borghi. I just received word that Judge Poyfair will be attending the meeting (and most likely commenting) as well.

Borghi gives new direction to the courts regarding characterization of real property that was owned prior to the marriage; but was subsequently placed in joint title.

An old case (Descamps) held that such transfers are not valid (in simple terms). Two later cases (Hurd and Olivares) said that those transactions create a gift presumption. In the Borghi case, the trial court held consistent with Hurt and Olivares. The Court of Appeals, citing Descamps, reversed and held the transfer to be invalid (reluctantly). The Supreme Court affirmed the Court of Appeals. The appellant has moved the Supreme Court for reconsideration and Scott was asked to file an amicus brief. The brief is attached.

Scott recently learned that the Supreme Court accepted the amicus which means they will consider it in the reconsideration process.


The cost to attend the lunch meeting is $12.00 for non-attorneys and attorneys who do not wish to receive the CLE credit. Attorney’s who want lunch and CLE credits are $17.00. Attorney’s who want lunch and CLE credit but are not a member of the CCBA FLS pay $27.00. If you do not RSVP, you pay $25.00 at the door. Judges, Commissioners, and speakers are always free of charge.


Please RSVP by delivering your payment to the section Treasurer, Kristen Parcher of Green and Ritchie, by Monday, January 11.

*** Please note Green and Ritchie’s new address: 1601 Lincoln Avenue, Vancouver, WA 98660. ***