Cases: Probate

Costs, Deadlines, Probate, Reasonableness Of Fees, Special Fee Shifting Statutes: $175,252.50 Fee Award Under Financial Elder Abuse Statute Affirmed On Appeal

Cases: Costs, Cases: Deadlines, Cases: Probate, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Fee Request Reduced Down From $203,865; Two Awarded Routine Costs Components Remanded For A Further Hearing.                In Thompson v. Ito, Case No. G061437 (4th Dist., Div. 3 June 12, 2024) (unpublished), a defendant losing a trust undue influence case and determined to have committed financial elder abuse was hit with an adverse attorney’s fees […]

Probate, Section 998: No Matter Whether Probate Code Provisions Or CCP § 998 Applied. Lower Court Properly Granted Expert Witness Fees To Attorney Who Winded Down Deceased Attorney Friend’s Practice In Fee Division Battle With Friend’s Administrator

Cases: Probate, Cases: Section 998

In Dicta, Appellate Court Suggested 998 Offers May Not Be Barred In Probate Litigation.                Estate of Howell, Case No. D081920 (4th Dist., Div. 1 May 23, 2024) (unpublished) is interesting reading for probate practitioners.                This case involved a battle over attorney fee compensation to be divided between the administrator wife of a deceased

Costs, Probate: Probate Code Section 1002 Takes Precedence Over General CCP § 1032(b) Prevailing Party Provisions

Cases: Costs, Cases: Probate

Probate Court Has Discretion To Determine Whether Costs Should Be Awarded, Who Should Pay Them, And Who Should Recover Them.             Peccia v. Guerrero, Case No. B316614 (2d Dist., Div. 3 Dec. 4, 2023) (unpublished) is an opinion reminding practitioners that specific Probate Code provisions may take precedence over more general CCP prevailing party statutory

Prevailing Party, Probate: $61,557 Fee Award To Removed Trustee For His Attorney’s Work On Trust Petition Affirmed On Appeal

Cases: Prevailing Party, Cases: Probate

Trustee and Challenging Beneficiaries Got Mixed Results, So Trustee Entitled To Fees, Inclusive Of “Fees On Fees.”             In Farnocchia v. Harms, Case No. A164639 (1st Dist., Div. 1 Nov. 29, 2023) (unpublished), two beneficiaries of a trust filed a petition to remove Harms as trustee, for an accounting, and for breach of fiduciary duty. 

Laffey Matrix, Probate, Reasonableness Of Fees: Probate Court Properly Lowered Requested Attorney’s Fees For Trust Work Based On Its Knowledge And Experience

Cases: Laffey Matrix, Cases: Probate, Cases: Reasonableness of Fees

Lower Court Did Not Have to Credit The Laffey Matrix.             Melbostad v. Kasales, Case No. A165361 (1st Dist., Div. 3 June 16, 2023) (unpublished) demonstrates how, in California state court cases, a trial court is able to draw upon its own knowledge and experience in determining a reasonable lodestar hourly rate and in determining

Allocation, Probate: $441,295.63 Fee Award Under Probate Code Section 859, Which Incorporates Mandatory Elder Abuse Fee Shifting, Affirmed Against Removed Trustee On Appeal

Cases: Allocation, Cases: Probate

No Apportionment Required Because Elder Abuse and Fiduciary Duty Breach Claims Were Intertwined.             In Keading v. Keading, Case No. A153628 (1st Dist., Div. 3 Apr. 28, 2023) (unpublished), a beneficiary successfully obtained an elder abuse finding and successfully removed a trustee under Probate Code section 850, which allows a probate judge under related Probate

Probate: Trustee Defending Against Invalidity and Undue Influence Claims By A Beneficiary Was Not Entitled To Attorney’s Fees Reimbursement

Cases: Probate

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

Probate: $170,095 Attorney’s Fees Award Against Decedent’s Son Under Probate Code Section 859 And Attorney’s Fees Surcharged Against The Trust Under Section 15684 Affirmed On Appeal

Cases: Probate

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

Deadlines, Probate: $212,089.25 In Fees To Sole Trust Beneficiary Under Probate Code Section 8804(c) Was Sustained Under Law Of The Case Doctrine

Cases: Deadlines, Cases: Probate

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),

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