New CA Attorney Fee Case
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Attorney Fees
Attorney fees are near and dear to California attorneys in many areas of the law. New California cases are constantly deciding when, and how much, attorneys can recover if they prevail in a case for their client. Last month, the Sixth District Court of Appeal published a new case addressing whether trial courts have equitable authority, or authority under Probate Code section 15642, to order an unsuccessful party in a trust case to pay attorney fees in excess of their potential trust interest. A video discussing the case is above and my summary of the case is below.
New Attorney Fee Decision
Bruno v. Hopkins (2022) _ Cal.App.5th _ , 2022 WL 2128067: The Court of Appeal affirmed the trial court's judgment for defendants, following a bench trial, concluding that trust instruments were not forged as alleged by plaintiff, and awarding defendants attorney fees of over $829,000 and costs of over $96,000. Plaintiff appealed the attorney fee award. Based upon Pizarro v. Reynoso (2017) 10 Cal.App.5th 172, the Court of Appeal concluded that the trial court lacked authority under equity to impose attorney fees and costs. However, under Probate Code section 15642(d), the trial court had jurisdiction to impose personal liability on plaintiff for the attorney fees and costs incurred by defendants, such that it was authorized to order plaintiff to pay an amount in excess of her potential interest in the trust, and substantial evidence supported the award under section 15642(d). (C.A. 6th, June 13, 2022.)
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Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
CA Civil Trial Attorney Since 1980
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Past President San Diego County Bar Assn., SD ABOTA Chapter
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