Trustee Had To Stay Neutral, Not Taking the Position Of One Beneficiary Or The Other In Non-Neutral Fashion. In Zahnleuter v. Mueller, Case No. C093909 (3d Dist. Mar. 7, 2023 published, originally issued as an unpublished opinion on Feb. 9, 2023), a trustee sought reimbursement for attorney’s fees in defending the validity of a […]
Awards Of Probate Fees And Costs, Which Are Equitable In Nature, Are Hard To Overturn. In Healy v. Donnelly, Case Nos. G060968 et al. (4th Dist., Div. 3 Jan. 17, 2023) (unpublished), co-trustees got into various trust accounting disputes, eventually settling on the eve of trial and agreeing that the probate judge
Son Wrongfully Obtained Decedent’s Personal Property And Sought A Greek House Which Was Found To Belong To The Overall Estate. The Probate Code has many fee-shifting provisions, most of which are discretionary. They provide great leeway to the probate court in fashioning an award, given that the probate court is one of equity to
Also, Fee Motion Was Timely Filed Based On Notice of Entry of Judgment Containing Two Documents Comprising The Judgment. In Karamooz v. Karamooz, Case No. G060515 (4th Dist., Div. 3 Nov. 14, 2022) (unpublished), authored by Justice Moore, sole trust beneficiary earlier had obtained a $212,089.25 attorney’s fees award under Probate Code section 8804(c),
Also, A Probate Court Properly Sanctioned Attorney For Violating Local Rule Page Limitations. In Tukes v. Richard, Case Nos. B307242 et al. (2d Dist., Div. 8 July 12, 2022) (published), plaintiff lost SLAPP motions against two defendants, with the lower court awarding mandatory prevailing party fees of $49,071.50 and $26,905, respectively, after making some
Appellant’s Conclusionary Statements Were Not Sufficient To Meet Appellant’s Burden To Overcome Deferential Substantial Evidence Standard On Appeal. This next case provides a cautionary tale and affirms what we’ve said before – fee shifting statutes can be a real game changer. Appellant in Cavanagh v. Cavanagh, Case Nos. B294140/B299039 (2d Dist., Div. 6
Disqualification Based On Law Firm Registration Would Be Too Harsh. In Johnson v. Johnson, Case Nos. C090195/ C090522 (3d Dist. Dec. 27, 2021) (unpublished), trustee’s attorneys were awarded fees for beneficiaries making a bad faith contest of accountings. On appeal, the aggrieved parties argued that the fee award was improper because the law firm
No Authority Entitling De Facto Trustees To Same Reimbursement Remedies As Designated Trustees. In Sonntag v. Franz, Case No. A161466 (1st Dist., Div. 1 December 16, 2021) (unpublished), defendant who temporarily acted as a de facto trustee sought attorneys’ fees and costs after successfully defeating breach of fiduciary duty claims brought by two
As Far As Amount Of Fees, Failure To Include A Reporter’s Transcript Was Equally Damning. In Padlan v. Graves, Case No. A159576 (1st Dist., Div. 3 Sept. 17, 2021) (unpublished), a trustee was ordered to pay certain attorney’s fees to a beneficiary based on reneging on a mediation settlement agreement. That order was made
Broad Equitable Powers Of The Probate Court So Allowed, Even Though Section 17211(a) Was Denied As A Fee Entitlement Basis. In Key v. Tyler, Case No. B298739 (2d Dist., Div. 2 Aug. 30, 2021) (unpublished), trustee successfully defended accountings from charges of misconduct, self-dealing, and malfeasance as brought by a sister beneficiary of a
