April 20, 2019

Archives for June 22, 2016

Colorado Supreme Court: Property Titled in Name of Revocable Trust Also Can Be Debtor’s Property

The Colorado Supreme Court issued its opinion in Pandy v. Independent Bank on Monday, June 20, 2016.

Revocable Trust—Settlor—Judgment Lien.

This case principally concerns whether property titled in the name of a judgment debtor’s co-settled revocable trust is subject to a judgment lien against the debtor. The petitioners are co-settlors and co-trustees of a revocable trust that holds title to certain real property in Colorado. Respondent obtained two judgments against one of the petitioners in another state. After domesticating those judgments and recording transcripts of the Colorado judgments, respondent filed an action to quiet title and for a decree of foreclosure. The petitioner moved for judgment on the pleadings, arguing that respondent’s complaint was barred by what the petitioner argued was the applicable statute of limitations set forth in C.R.S. § 13-80-101(1)(k). The district court denied the motion, a division of the Court of Appeals granted leave to file an interlocutory appeal and affirmed that ruling, and the Supreme Court granted certiorari.

The Court concluded that as a settlor of a revocable trust, the petitioner held an ownership interest in the trust’s assets. Accordingly, respondent could properly seek to enforce its judgment against the petitioner in this case, and its action was not barred by the statute of limitations set forth in C.R.S. § 13-80-101(1)(k).

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Ethical Prohibition on Paying Witness Contingent Fee Does Not Require Exclusion of Evidence

The Colorado Supreme Court issued its opinion in Murray v. Just In Case Business Lighthouse, LLC on Monday, June 20, 2016.

Contingent Fees for Witnesses—Summary Witness Testimony—Summary Exhibits.

The Supreme Court held that the violation of an ethical rule does not displace the rules of evidence and that trial courts retain the discretion under CRE 403 to exclude the testimony of improperly compensated witnesses. The Court also held that trial courts may allow summary witness testimony if they determine that the evidence is sufficiently complex and voluminous that a summary witness would assist the trier of fact. It further held that in those circumstances, summary witnesses may satisfy CRE 602’s personal knowledge requirement by examining the underlying documentary evidence on which they based their summary testimony. Finally, the Court held that that under CRE 1006, trial courts abuse their discretion when they admit summary charts that characterize evidence in an argumentative fashion rather than simply organize it in a manner helpful to the trier of fact. The Court reversed the Court of Appeals’ holding remanding the case to the trial court, but affirmed on all other issues.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: CUFTA Limitations Period May Be Tolled by Express Agreement

The Colorado Supreme Court issued its opinion in Lewis v. Taylor on Monday, June 20, 2016.

Uniform Fraudulent Transfer Act—Limitation of Actions—Agreements Tolling Limitation.

Under the Colorado Uniform Fraudulent Transfer Act (CUFTA), CRS §§ 38-8-101 to -112, any action to avoid an intentionally fraudulent transfer is extinguished if not brought within four years after the transfer was made or, if later, within one year after the transfer was or could reasonably have been discovered. Here, the Supreme Court held that these time limitations may be tolled by express agreement. Because the parties to this case signed a tolling agreement, and petitioner’s CUFTA claims were properly brought within the tolling period, the Court concluded that his claims were timely filed and were not barred by CUFTA’s limitations period. Therefore, the Court reversed the judgment of the Court of Appeals.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 6/21/2016

On Tuesday, June 21, 2016, the Tenth Circuit Court of Appeals issued two published opinions and six unpublished opinions.

Hammond v. Pillar Properties Services, LLC

United States v. Woods

Lee v. Maye

United States v. Moya-Breton

Pierce v. Green Tree Servicing LLC

Eldridge v. Oliver

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.