California Court of Appeal

Trial court's order, charging a trust with some $5 million in past and ongoing attorney fees incurred on behalf of a former trustee in defending against the beneficiary's allegations of self-dealing and conflict of interest is reversed as it cannot be determined from the trial court's order whether the fee awards are consistent with applicable legal principles. Long-established principles of trust law impose a double-barreled reasonableness requirement where: 1) the fee award must be reasonable in amount and reasonably necessary to the conduct of litigation; and 2) it also must be reasonable and appropriate for the benefit of the trust.

Appellate Information

• Decided 02/25/2010
• Published 02/25/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Offices of Marjorie G. Fuller, Marjorie G. Fuller and Vicki Marolt Buchanan for Defendant and Appellant., Loeb & Loeb, David C. Nelson and Adam F. Streisand for Plaintiff and Respondent.