Soria

Introduction

Probate Code section 17211, subdivision (b) permits a probate court to award attorney fees to the beneficiary of a trust who “contests the trustee’s account” if the court determines the trustee’s opposition to the contest was “without reasonable cause and in bad faith.” Based on section 17211(b), the trial court (not a probate court) granted the motion for attorney fees brought by Richard C. Soria, Jr., Barbara Soria, Eleanor I. Soria, and Renee R. Soria (Grandchildren), and awarded them attorney fees against their grandparents Richard R. Soria and Lynda E Soria (Grandparents). Grandparents appeal from that order and the portion of the amended judgment incorporating the attorney fees award. We reverse.

Section 17211(b) does not permit recovery of attorney fees in this case for the simple reason Grandchildren did not contest a trustee’s account. Instead, Grandchildren pursued a civil action against Grandparents, alleging they breached their duties as trustees, and sought an injunction to compel Grandparents to produce an account. The very existence of a trust was in dispute. At trial, there was no contest of a trustee’s account within the meaning of section…