Estate of Meeker

Theodore A. Anderson for Objector and Respondent.

OPINION

VOGEL (Miriam A.), J.

We reverse a judgment entered against appellants Francis Welton, Jane Welton, Albert Welton, Bill Moore, Clark Moore and Dick Moore as a sanction for their attorney's conduct.

Appellants filed a petition in the estate of Nathaniel H. Meeker, deceased, to recover losses suffered as a result of the estate's personal representative's (respondent Dorothy Kleinbauer) failure to consider the tax consequences of a sale of stock. Appellants successfully moved for summary adjudication on the liability issues and the trial court (not the judge who rendered judgment) entered an order determining that "there [was] negligence in not considering the tax consequences of some stock sales" and "that the sale of the stocks was a breach of fiduciary duty."

At some point, trial was set for February 19, 1992, in the probate department of the Los Angeles Superior Court. On February 11, respondent's attorney (Theodore A. Anderson) gave notice to appellants' attorney (David E. Lich) that he would be applying to the court ex parte on February 14 for an order continuing the trial in this case because he was engaged in…