Valentine
Hal S. v. Valentine
Opinion
lead Opinion
Rushing, J.
*1528 Opinion
The instant case concerns two appeals. Both in part relate back to James Valentine’s removal as trustee for day trading with trust funds and his payment, to himself, of $250,000 for services. In the first, case No. H032581, appellant James Valentine 1 seeks review of an order of the superior court denying his objections and approving the third guardianship accounting petition filed by respondent Hal S. In the second appeal, appellant Valentine seeks review of the superior court’s order that he pay Hal S. compensatory damages in the amount of $77,573.40, based upon Valentine’s unreasonable and bad faith assertion of meritless objections in violation of Probate Code section 2622.5.
Statement of the Facts and Case
Respondent Hal S. is the guardian and father of minor K.S. Hal S. was appointed guardian of K.S. and his brother Derek, who is now an adult, in 2001.
Appellant James Valentine is the suspended trustee of a life insurance trust (hereinafter referred to as the KMP Trust) established by K.S. and Derek’s mother, Kelsey P., to provide for the “health, maintenance, education, travel, and welfare, and general welfare,” of the boys at the time of her death. Kelsey…