Deadlines, Probate: $212,089.25 In Fees To Sole Trust Beneficiary Under Probate Code Section 8804(c) Was Sustained Under Law Of The Case Doctrine

Also, Fee Motion Was Timely Filed Based On Notice of Entry of Judgment Containing Two Documents Comprising The Judgment.

            In Karamooz v. Karamooz, Case No. G060515 (4^th Dist., Div. 3 Nov. 14, 2022) (unpublished), authored by Justice Moore, sole trust beneficiary earlier had obtained a $212,089.25 attorney’s fees award under Probate Code section 8804(c), a determination affirmed by the appellate court in a prior opinion.  Section 8804(c) allows a court to award fees when a personal representative of an estate is removed for refusing or negligently failing to timely file an inventory and appraisal.  Personal representative appealed the fee award, but to no avail.

            First, the earlier appellate opinion was law of the case on the propriety of the fee award.  Beyond that, there was no requirement under the statutory provision that beneficiary had to show damage to the estate as an additional requirement. 

            Appellant also argued the motion was untimely, but that argument lacked merit because the judgment was comprised of two documents such that the clerk’s service of one did not start the clock ticking.  Instead, it only started when beneficiary served notice of entry of both documents, with the fee motion being timely from that date.