surcharge claim in California

2023(Oates v. City of Lincoln (2001) 93 Cal.App.4th 25, 35 ; LaMonte v. Sanwa Bank of California 7 (1996) 45 Cal.App.4th 509, 517 .) The actions by Ashbrook that supply the elements and form the basis for liability are alleged in paragraph 165 of Jonathan’s petition.

2023(Oates v. City of Lincoln (2001) 93 Cal.App.4th 25, 35 ; LaMonte v. Sanwa Bank of California 7 (1996) 45 Cal.App.4th 509, 517 .) The actions by Ashbrook that supply the elements and form the basis for liability are alleged in paragraph 165 of Jonathan’s petition.

2023(Oates v. City of Lincoln (2001) 93 Cal.App.4th 25, 35 ; LaMonte v. Sanwa Bank of California 7 (1996) 45 Cal.App.4th 509, 517 .) The actions by Ashbrook that supply the elements and form the basis for liability are alleged in paragraph 165 of Jonathan’s petition.

2023(Oates v. City of Lincoln (2001) 93 Cal.App.4th 25, 35 ; LaMonte v. Sanwa Bank of California 7 (1996) 45 Cal.App.4th 509, 517 .) The actions by Ashbrook that supply the elements and form the basis for liability are alleged in paragraph 165 of Jonathan’s petition.

2023According to Ashbrook, the surcharge cause of action “is based entirely upon the litigation of Dr. Starr’s elder abuse lawsuit and Dr. Ashbrook’s petition for instructions . . . .” To determine whether the surcharge claim arises out of protected activity, we start by “consider[ing] the elements of the challenged claim and what actions by the defendant supply those elements and consequently form the basis for liability.” (Park, supra, 2 Cal.5th at p. 1063 .) To recover a surcharge against a trustee for breach of trust, the beneficiary has the burden of proving (1) the existence of a fiduciary r

2023According to Ashbrook, the surcharge cause of action “is based entirely upon the litigation of Dr. Starr’s elder abuse lawsuit and Dr. Ashbrook’s petition for instructions . . . .” To determine whether the surcharge claim arises out of protected activity, we start by “consider[ing] the elements of the challenged claim and what actions by the defendant supply those elements and consequently form the basis for liability.” (Park, supra, 2 Cal.5th at p. 1063 .) To recover a surcharge against a trustee for breach of trust, the beneficiary has the burden of proving (1) the existence of a fiduciary r

1977In the instant case counsel concerned was representing all of the objectors; as in Estate of Marre, 18 Cal.2d 191, 192 [ 144 P.2d 591 ], `[E]ach party must pay [her] own attorney's fees since [she] has benefited no one but [herself] in prosecuting [the] action....'" ( Estate of Harvey, supra, 224 Cal. App.2d 555, 561-562 .) (15b) Accordingly, the attorney's fees for the surcharge hearing and the disputed expense of employing the expert witness, Mr. McCarroll, to testify on behalf of the estates, are expenses attributable to litigation and are not proper items of surchargeable damages.

1977In the instant case counsel concerned was representing all of the objectors; as in Estate of Marré, 18 Cal.2d 191, 192 [ 144 P.2d 591 ], ‘[E]ach party must pay [her] own attorney’s fees since [she] has benefited no one but [herself] in prosecuting [the] action. . . .’ ” (Estate of Harvey, supra, 224 Cal.App.2d 555, 561-562 .) Accordingly, the attorney’s fees for the surcharge hearing and the disputed expense of employing the expert witness, Mr. McCarroll, to testify on behalf of the estates, are expenses attributable to litigation and are not proper items of surchargeable damages.

2023(Estate of Moore, supra, 240 Cal.App.4th at pp. 1107-1109.) Appellant may not relitigate this issue.