Powell

Powell v. Tagami

Good Law
236 Cal. Rptr. 3d 765·26 Cal. App. 5th 219
Court of Appeal of CaliforniaAugust 6, 2018D072566, D073083California6,595 words

Opinion

lead Opinion

McConnell, J.

*768 *222 INTRODUCTION

In these two consolidated appeals-D072566 ( Powell I ) and D073083 ( Powell II )-Charles M. Tagami 1 challenges two probate orders. The first order settled, allowed, and approved the third and final predeath account and report of trustee (Third Account) and found Charles objected to the Third Account without reasonable cause and in bad faith, which justified an award of costs and fees pursuant to Probate Code section 17211, subdivision (a). Charles contends the probate court applied an incorrect local rule of the San Diego County Superior Court (hereafter, Local Rules) and there was not substantial evidence to support certain expenses. Charles also contends the court erred in finding he contested the Third Account without reasonable cause and in bad faith. 2

The second order awarded $42,115.38 in attorney fees and costs pursuant to Probate Code section 17211, requiring Charles to pay these fees from his share of the Tagami Living Trust (the Trust), or personally if his share was inadequate. Charles contends the court should not have awarded fees for trustee Claudia Powell's personal attorney and the fees awarded for Powell and the Trust attorneys were…

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