Cases: Probate

Civil Rights, Employment, Family Law, Probate, Settlement: Four Unpublished “Power Ball” Post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  Meyer v. Brown, Case No. D066226 (4th Dist., Div. 1 Oct. 14, 2015) (Unpublished)—Family Law.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Probate, Private Attorney General, Civil Rights, Costs, Discovery Sanctions: Lots Of Topics Covered In Four Unpublished Decisions For September 29, 2015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  Chang v. Chang, Case No. G049309 (4th Dist., Div. 3 Sept. 29, 2015) (Unpublished; Ikola, J.).—Probate.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

Probate, Requests For Admissions, Section 998: Lower Court Properly Denied Probate Estate’s Request For Costs-Of-Proof Sanctions And Routine Costs

Cases: Probate, Cases: Requests for Admission, Cases: Section 998

  Section 998 Inapplicable In Probate Proceeding.     In a dispute involving the reformation of the terms of a “tontine” or survivalist partnership agreement, a probate estate was denied “costs-of-proof” attorney’s fees under Code of Civil Procedure section 2033.420 and had stricken its memorandum seeking post-remand costs based on Code of Civil Procedure section 998

Probate: Litigant’s Failure To Challenge Order Fixing Attorney Compensation Timely Was Fatal, With Appeal Being Dismissed

Cases: Probate

  Probate Code Section 1304 Makes These Orders Immediately Appealable, Not Interlocutory Orders Appealable From A Final Judgment.       For probate practitioners, Gonzalez v. Thomas, Case No. B250492 (2d Dist., Div. 8 June 5, 2015) (unpublished) is a good refresher course on appeal deadlines for Probate Code cases involving the “fixing” of attorney fee compensation.

Attorney Lien/Probate: Attorney With Broad Contractual Attorney Lien Did Not Have To File Creditor’s Claim To Preserve Lien Against Trust “After Acquired” Assets

Cases: Liens for Attorney Fees, Cases: Probate

  Matter Reversed and Remanded to Determine Value of Attorney’s Lien in Trust.      Novak v. Kay, Case No. B256889 (2d Dist., Div. 5 Apr. 28, 2015) (published) involved an attorney with broad contractual attorney’s fees language in a retainer letter with a client who died but who was determined to be a pretermitted spouse

Probate: Unsuccessfully Objecting Beneficiary Had To Bear Trustee’s Attorney’s Fees For Defending Against Unreasonable, Bad Faith-Inspired Objections

Cases: Probate

  Lower Court’s Factual Findings Below Buttressed Affirmance.      Beneficiaries objecting to trustees’ accountings need to make sure their objections are reasonable and not inspired by bad faith. If not, you face having to bear the exposure of trustees’ attorney’s fees in defending against such objections. (Prob. Code, § 17211; Uzyel v. Kadsha, 188 Cal.App.4th

Probate: Daughter Trust Beneficiary Hit With $204,420.32 Attorney Fee Tab Aggregately Run Up By Sibling Beneficiaries In Defending Forfeiture/Surcharge Petition Found To Be In Bad Faith

Cases: Probate

  Equitable Powers of Probate Court Provided the Fee Entitlement Ground.      In Zankich v. Zuckerman, Case No. B247274 (2d Dist., Div. 8 Dec. 5, 2014) (unpublished), a petition seeking forfeiture and surcharge was filed by one daughter beneficiary against the trust distribution interests of her sibling beneficiaries, all involving deceased mother’s trust and alleging

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