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Order to Publicly Release Confidential Info of Friars Following Settlement of Sex Abuse Cases Affirmed, Plus Insurance & Trust Matters

By FindLaw Staff on October 01, 2010 | Last updated on March 21, 2019

Silvers v. State Bd. of Equalization, B221229, involved a suit for declaratory relief against a surplus line insurer and others, claiming that the insurer had failed to pay Section 28 taxes.  In affirming the judgment, the court held that the the trial court correctly ruled that surplus line insurance premiums are not subject to a double tax because the non-admitted insurance company issuing the insurance policy is prohibited from "doing business" in California.


Manson v. Shepherd, H034019, involved a trustee's petition for settlement of first account and report and approval of attorney's fees over the objection of her deceased husband's four daughters from a prior marriage.  In affirming the trial court's order approving the trustee's accounting with two exceptions, the court held that the partial liquidation exception of section 16350(d)(1)(A) applies and the trial court properly allocated the $3 million distribution to trust principal.  The court also held that there is no merit in the daughters' contention that the trial court erred in approving the trustee's allocation to trust principal of charges totaling $39,293.63, and that there is no merit in the daughters' contentions that the trial court erred in approving the allocation of $122,878.16 in interest expense to principal.  Lastly, the trial court did not abuse its discretion in approving the payment form trust assets of the attorney's fees.

In re The Clergy Cases I, B215775, involved a consolidated appeal of 25 separate lawsuits against defendant the Franciscan Friars of California, Inc. (Franciscans) alleging that plaintiffs had been sexually abused by Franciscan brothers.  In affirming the trial court's order to publicly release confidential information of the alleged perpetrators following a settlement between the parties,  the court held that, the compelling social interests in protecting children from molestation outweigh the individual friar's privacy rights and the trial court correctly ordered the public release of psychiatric and other confidential records in the possession of the Franciscans.

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