WHITTLESEY v. AIELLO

No. C038739.

128 Cal.Rptr.2d 742 (2002)

104 Cal.App.4th 1221

Joyce L. WHITTLESEY, Plaintiff and Respondent, v. Dorian M. AIELLO, as Trustee, etc., Defendant; Timothy H. Stearns, Movant and Appellant.

Court of Appeals of California, Third District.

Review Denied April 9, 2003.


Attorney(s) appearing for the Case

Timothy H. Stearns, Mount Shasta, for Movant and Appellant.

Richard L. Kimbell and Lauren E. Leisz, Yreka, for Plaintiff and Respondent.


HULL, J.

Timothy H. Stearns (Stearns) appeals from that portion of a final judgment denying his request for attorney fees and costs incurred in representing the trustee in litigation over the validity of a trust amendment. Stearns contends the court erroneously based its denial on his lack of success in the litigation. We conclude that, because this was a dispute between competing trust beneficiaries and not a challenge to the trust itself, the trial court properly...

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