11 Cited authorities

Schwartz v. Lawson
164 Cal.App.4th 417 (Cal. Ct. App. 2008) Cited 86 times
In Schwartz, the court raised an issue of the trustee's fitness to continue his service after the trustee had filed a petition seeking to settle his account.
Deyo v. Kilbourne
84 Cal.App.3d 771 (Cal. Ct. App. 1978) Cited 154 times 2 Legal Analyses
In Deyo, it was held that the materiality of questions propounded to a particular claim or a defense should be considered as a factor in assessing the propriety of entering a dismissal or a default judgment for failure to answer.
Wells Fargo Bank v. Gump
1 Cal.App.4th 582 (Cal. Ct. App. 1991) Cited 105 times
Stating that fees incurred in a trustee's "successful" defense of an action are recoverable, but that fees incurred in a losing action are not
Copley v. Copley
126 Cal.App.3d 248 (Cal. Ct. App. 1981) Cited 77 times
In Copley v. Copley (1981) 126 Cal.App.3d 248, the court noted that, " 'probably the most common reason' for a settlor to name a spouse who is also a primary beneficiary as [trustee] is to ensure the settlor's 'intentions for that beneficiary are carried out.' "
Lazzarone v. Bank of America
181 Cal.App.3d 581 (Cal. Ct. App. 1986) Cited 67 times
In Lazzarone v. Bank of America (1986) 181 Cal.App.3d 581, the court explained: "The res judicata effect given orders settling trustee accounts is established by statute.
Regency Health Services, Inc. v. Superior Court
64 Cal.App.4th 1496 (Cal. Ct. App. 1998) Cited 30 times 1 Legal Analyses
Holding real party in interest, an incompetent nursing home resident, was required to bear the costs of the petition on writ of mandate rather than the guardian ad litem who court noted was "not the real party in interest and no judgment can be entered either for or against" the guardian individually
Do v. Superior Court
109 Cal.App.4th 1210 (Cal. Ct. App. 2003) Cited 11 times
Requiring fee award as discovery sanction where counsel represented indigent client pro bono
Cembrook v. Superior Court
56 Cal.2d 423 (Cal. 1961) Cited 44 times
In Cembrook the defendant objected to approximately 40 requests for admissions of facts, moving to strike the requests and to be relieved of the necessity of providing any answer.
Estate of Reade
31 Cal.2d 669 (Cal. 1948) Cited 57 times
Docket No. S.F. 17403. April 13, 1948. APPEAL from an order of the Superior Court of Marin County surcharging an account of an administratrix and allowing an attorney's fee. Edward I. Butler, Judge. Affirmed. Lawrence A. Cowen and Herbert Chamberlin for Appellant. J.E. Hood for Respondent. SHENK, J. Appeals from an order surcharging an account and allowing an attorney's fee. James E. Reade died intestate in 1945, leaving as heirs four daughters, two sons and two children of a deceased daughter. Olive
Carr v. Bank of America Etc. Assn.
11 Cal.2d 366 (Cal. 1938) Cited 38 times
In Carr v. Bank of America, etc. Assn., 11 Cal.2d 366 [ 79 P.2d 1096, 116 A.L.R. 1282], the defendant bank was named both executor and trustee of a trust created by will.

Motion_to_compel

11 Cited authorities

In Schwartz, the court raised an issue of the trustee's fitness to continue his service after the trustee had filed a petition seeking to settle his account.

In Deyo, it was held that the materiality of questions propounded to a particular claim or a defense should be considered as a factor in assessing the propriety of entering a dismissal or a default judgment for failure to answer.

Stating that fees incurred in a trustee's "successful" defense of an action are recoverable, but that fees incurred in a losing action are not

In Copley v. Copley (1981) 126 Cal.App.3d 248, the court noted that, " 'probably the most common reason' for a settlor to name a spouse who is also a primary beneficiary as [trustee] is to ensure the settlor's 'intentions for that beneficiary are carried out.' "

In Lazzarone v. Bank of America (1986) 181 Cal.App.3d 581, the court explained: "The res judicata effect given orders settling trustee accounts is established by statute.

Requiring fee award as discovery sanction where counsel represented indigent client pro bono

In Cembrook the defendant objected to approximately 40 requests for admissions of facts, moving to strike the requests and to be relieved of the necessity of providing any answer.

In Carr v. Bank of America, etc. Assn., 11 Cal.2d 366 [ 79 P.2d 1096, 116 A.L.R. 1282], the defendant bank was named both executor and trustee of a trust created by will.