California Court of Appeal

In a probate matter, order calling for the return of $250,000 of trust distribution to provide fund from which to pay defendant's attorney fees and costs is affirmed over claims of error that: 1) pendente lite attorney fees were not authorized by the Probate Code and the plaintiff-beneficiaries could not be compelled to pay additional attorney fees and costs because the trust had been terminated and the assets of the trust distributed; and 2) an award of attorney fees was premature because the court had not determined the merits of the plaintiff-beneficiaries' objections to the accounting and their claim for surcharges against defendant.

Appellate Information

• Decided 01/26/2009
• Published 01/26/2009

Judges

• PERREN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Tamila C. Jensen, Tamila C. Jensen, Granada Hills;  Nancy Reinhardt, San Bernardino;  William F. Kruse, Pasadena, for Plaintiffs and Appellants.


• For Appellees:
  
• Goldenring & Prosser, Peter A. Goldenring, Ventura;  Law Offices of W. Stephen Onstot, W. Stephen Onstot, Santa Paula, for Defendant and Respondent.