Nicholson

After a tmst was joined in a dissolution action by stipulation of the parties and the wife filed a complaint against the tmst in the dissolution action seeking to impose a constructive tmst and seeking declaratory relief, the trust filed a cross-complaint against both husband and wife. The cross-complaint sought possession of personal property in wife’s possession that was alleged to be tmst property, or alternatively, damages for the loss of that property from the tmst. The cross-complaint was bifurcated from the dissolution action and set for trial, but the tmst voluntarily dismissed its cross-complaint before trial. Wife sought attorney’s fees, costs and sanctions against husband, the tmst and the trastees in the dissolution action. She obtained fees, costs and sanctions against husband and the tmst, but was denied fees, costs or sanctions against the trastees on the ground that they were not parties to the dissolution action. An arbitrator later found that the property sought by the tmst belonged to wife. Wife then filed a malicious prosecution action against husband, the trastees and the trust’s attorney, alleging that the cross-complaint had been maliciously…