Abuse of Discretion Standard Justified Brother’s Fees, While Sister Did Not Adequately Substantiate Paralegal Reimbursement Request.
In Arthur v. Davies, Case No. B249810 (2d Dist., Div. 6 Aug. 21, 2014) (unpublished), brother and sister had spent over $300,000 to compel trustee accountings, at times when they were both co-trustee. Brother eventually was awarded fees for his attorney doing work for his co-trustee activities/accounting challenges to the tune of $178,850.15, while the lower court denied sister’s request for reimbursement of $29,873.38 in paralegal fees.
Both awards “stuck” on appeal. Sister did not surmount the abuse of discretion standard with respect to brother’s fee award, while she did not adequately substantiate the paralegal’s qualifications or explain what the paralegal invoices related to task-wise with specificity. (CRC 7.703(e)(2)-(3).)