SORIA v. SORIA

No. G041661.

185 Cal.App.4th 780 (2010)

RICHARD C. SORIA, JR., et al., Plaintiffs and Respondents, v. RICHARD R. SORIA et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

As modified June 24, 2010.


Attorney(s) appearing for the Case

Law Office of Stanley L. Moerbeek and Stanley L. Moerbeek for Defendants and Appellants.

Law Offices of Roger E. Naghash and Roger E. Naghash for Plaintiffs and Respondents.


OPINION

FYBEL, J.

INTRODUCTION

Probate Code section 17211, subdivision (b)1 permits a probate court to award attorney fees to the beneficiary of a trust who "contests the trustee's account" if the court determines the trustee's opposition to the contest was "without reasonable cause and in bad faith." Based on section 17211(b), the trial court (not a probate court) granted the motion for attorney fees brought by Richard...

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