Cases: Probate

Probate/Sanctions: $76,598.32 In Attorney’s Fees For Filing Of Frivolous Probate Petition Under CCP § 128.7 Affirmed On Appeal

Cases: Probate, Cases: Sanctions

  Plethora Of Procedural Issues Considered In 2/1 DCA Unpublished Opinion.      Enlisted men going through obstacle course.  Daniel Field, Georgia.  July 1943.  Jack Delano, photographer.  Library of Congress.      In Kerkorian v. Mandekie, Case No. B252861 (2d Dist., Div. 1 Apr. 26, 2016) (unpublished), an attorney’s fees award of $76,598.32 (the full request) was […]

Probate: Probate Order Dividing Community Property To Pay For Conservatorship Fees, Inclusive Of Attorney’s Fees, Was Legally Erroneous Under Probate Code Section 3089

Cases: Probate

  Section 3089 Deals With Conservatee Support and Maintenance, While Sections 2640 and 2647 Concern Conservatorship Fee Compensation.      In Conservatorship of Bower, Case No. G050468 (4th Dist., Div. 3 Apr. 15, 2016) (unpublished), our local Fourth District, Division 3, courtesy of authoring Justice Bedsworth on behalf of a 3-0 panel, dealt with a probate

Appealability/Probate: Prevailing Party Determinations Under Fee-Shifting Statutes, Without Fixing Of Fee Amounts, Were Prematurely Appealed

Cases: Appealability, Cases: Probate

  Once Amounts Fixed, Appeal Of Actual Postjudgment Awards Would Be Proper.      The Fifth District case of Estate of Kinerson, Case No. F070309 (5th Dist. Feb. 22, 2016) (unpublished) concerned certain rulings in a probate estate about whether classic cars, shop tools and household furnishings belonged to the surviving spouse as separate property or

Probate: Daughter Not Prevailing On Probate Code Petition For Redress Based On Rejected Creditor’s Claim Properly Assessed With Adverse Fee Award Of $540,418

Cases: Probate

  Probate Code Section 9354(c) Was Proper Fee Entitlement Authority, With Daughter’s Petition Found To Be Objectively Unreasonable By Lower Court.      Do not think for a minute that probate proceedings cannot be time consuming, emotionally exhausting, or financially draining. Adverse fee awards can be substantial and, when there are bases for them and well-reasoned

Probate: Megillah Of A Probate Dispute Ends With Fee Award Against Income Beneficiary And Trustee Remanded After Appellate Court Reversed Substantial Portions Of Probate Court Award For Remainder Beneficiary

Cases: Probate

  However, Income Beneficiary Was Assessed With $45,967.53 In Fees In Favor Of Remainder Beneficiary For Filing False Affidavit In Colorado Probate Action.      DeJohn v. Wheeler, Case Nos. A137825/A138421 (1st Dist., Div. 3 Jan. 21, 2016) (unpublished) involved a contentious probate dispute involving an income beneficiary, an independent trustee, and remainder beneficiary, with remainder

Civil Rights, Employment, Family Law, Probate, Settlement: Four Unpublished “Power Ball” Post

Cases: Civil Rights, Cases: Employment, Cases: Family Law, Cases: Probate, Cases: Settlement

  Meyer v. Brown, Case No. D066226 (4th Dist., Div. 1 Oct. 14, 2015) (Unpublished)—Family Law.     In this one, after an evidentiary hearing in which the court dismissed a domestic violence restraining order (DVRO), the prevailing party recovered $7,500 out of a requested $15,800 in fees.  The fee-assessed, losing party appealed, but to no

Probate, Private Attorney General, Civil Rights, Costs, Discovery Sanctions: Lots Of Topics Covered In Four Unpublished Decisions For September 29, 2015

Cases: Civil Rights, Cases: Costs, Cases: Discovery, Cases: Private Attorney General (CCP 1021.5), Cases: Probate

  Chang v. Chang, Case No. G049309 (4th Dist., Div. 3 Sept. 29, 2015) (Unpublished; Ikola, J.).—Probate.     In this and a companion appeal, the appellate court cut some surcharges to the trustee of about $345,000.  Because of this companion ruling, the appellate court sent back a $187,900 fee award against trustee and in favor

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