Cases: Probate

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             In Karamooz v. Karamooz, Case No. G060515 (4th Dist., Div. 3 Nov. 14, 2022) (unpublished), authored by Justice Moore, sole trust beneficiary earlier had obtained a $212,089.25 attorney’s fees award under Probate Code section 8804(c), […]

Laffey Matrix, Probate, Sanctions, SLAPP: Lower Court Did Not Err In Fixing SLAPP Defense Fees In Two Defendants’ Favor

Cases: Laffey Matrix, Cases: Probate, Cases: Sanctions, Cases: SLAPP

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

Probate, Sanctions: Sanctions Issued Against Beneficiary Contesting Trustee’s Account, Which Included $72,699 In Attorneys’ Fees, Affirmed On Appeal

Cases: Probate, Cases: Sanctions

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

Probate: Award Of Fees To Trustee’s Attorneys Was No Abuse Of Discretion Where They Were California Bar Members, But Their Law Firm Was Not California Registered

Cases: Probate

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 Dec. 27, 2021) (unpublished), trustee’s attorneys were awarded fees for beneficiaries making a bad faith contest of accountings.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

Probate: Denial Of Attorneys’ Fees To Temporary De Facto Trustee Who Successfully Defeated Breach Of Fiduciary Claims Affirmed On Appeal

Cases: Probate

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

Appealability, Probate, Reasonableness Of Fees: Trustee’s Failure to Appeal Prior Separately Appealable Order On Fees Was Dispositive On Most Issues

Cases: Appealability, Cases: Probate, Cases: Reasonableness of Fees

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

Probate: Attorney’s Fees Made Payable By The Trust For Trustee Beating Back Misconduct/Malfeasance Claims As To Trustee’s Accountings Were Proper

Cases: Probate

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

Probate: Routine And Extraordinary Probate Attorney’s Fees Are Normally Payable Out Of The Estate

Cases: Probate

Appellate Court Rejected Ordering That Payment Of Fees And Costs Should Come From Personal Representative’s Attorney.             In the probate area, Estate of Anderson, Case No. A161729 (1st Dist., Div. 1 Aug. 17, 2021) (unpublished) confirms the general rule that routine and extraordinary probate attorney’s fees are normally payable out of the probate estate.  These

Probate, SLAPP: Trial Court SLAPPING Trustee/Joining Beneficiary’s Disinheritance (No Contest Clause) Petition Properly Granted $13,889 In SLAPP Fees Against Trustee/Joining Beneficiary In Their Individual Capacities

Cases: Probate, Cases: SLAPP

CCP § 1026 Was The Governing Costs Allocation Statute Regarding SLAPP Fee Award.             Although this case is must reading for probate practitioners on the scope of actions for which “no contest” clauses encompass, Cadena v. Vose, Case No. F080428 (5th Dist. July 28, 2021) (unpublished) shows how fees awardable under the SLAPP statute can

Probate: Beneficiary Successfully Defeating Settlement Agreement Based On Subject Matter Jurisdiction Argument Improperly Denied A Request For Fees

Cases: Probate

Any Argument Was Circular—Subject Matter Jurisdiction Win Did Not Mean Fee Request Evaporated, So A Remand Was In Order.             A beneficiary won a successful defense to a trustee’s effort to enforce a settlement agreement on the basis that the probate court lacked subject matter jurisdiction to enforce that agreement, but the beneficiary was denied

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