Molinari

Molinari v. Lyle

Good Law
1989 Cal. App. LEXIS 353·209 Cal. App. 3d 744·257 Cal. Rptr. 566
Court of Appeal of CaliforniaApril 13, 1989No. A036385California3,723 words

Opinion

Lead Opinion

Peterson, J.

This is an appeal from an order of the probate court awarding attorney fees for extraordinary services rendered on behalf of a decedent’s estate. (See Prob. Code, § 910.) The question on appeal is whether the award was excessive, either because it violated a settlement agreement negotiated by the attorney or because it constituted a manifest abuse of discretion. We affirm the order for extraordinary attorney fees.

I. Facts

On January 4, 1982, decedent Sally Baum was killed, and her Sausalito home was partially destroyed, by a landslide involving soil from the Waldo Grade portion of Highway 101. Tiffany Franchetti, an attorney, was appointed executrix of the estate pursuant to the terms of a will dated July 16, 1981. Franchetti engaged John Molinari as general counsel to the estate. Appellants Robert and Bradley Lyle, decedent’s stepsons, were beneficiaries of the estate under the 1981 will.

In March 1982, Franchetti engaged attorney John Link as counsel to bring an action for the estate arising from the destruction of decedent’s home. Link was also engaged, apparently by Franchetti, to pursue a wrongful death action on behalf of decedent’s father, James Whittington.…

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