Category: Santa Barbara County Superior Court

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Free Rider No More — When Can a California Trust Beneficiary Shift Legal Fees to Other Beneficiaries?

American courts (including our California state courts), in contrast to courts in England, do not typically award attorneys’ fees to a lawsuit’s “victor.”  There are, of course, exceptions to this so-called “American Rule.”  Among them is the “common fund” exception, which provides that one who incurs fees winning a lawsuit that creates a fund for … Continue Reading

California Trust Litigation 20,000 Leagues Under the Sea

Beneficiaries beware: don’t dive in to trust litigation too quickly.  That lesson was learned the hard way, ironically, by a diving heiress in Williamson v. Brooks (2017) 7 Cal.App.5th 1294.  The California Court of Appeal decision, which related to a trust created by the founder of Kirby Morgan Dive Systems, Inc., addresses the question of … Continue Reading
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