What are the costs of a motion to remove a trustee?

California, United States of America


The following excerpt is from Meyers v. Meyers, A154912 (Cal. App. 2019):

Section 15642, subdivision (d) provides: "If the court finds that the petition for removal of the trustee was filed in bad faith and that removal would be contrary to the settlor's intent, the court may order that the person or persons seeking the removal of the trustee bear all or any part of the costs of the proceeding, including reasonable attorney's fees." Thus, this subdivision "requires not only a finding of bad faith but also consideration of the settlor's intent as to a petition for removal of the trustee." (Pizarro v.

Page 6

Other Questions


What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for sustaining a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
How have the trustees of a trust been found to have breached their fiduciary duties toward the trust by failing to disclose to the trustee that the trustees have a conflict of interest in the trust? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
Is a motion to suppress a motion where a judge denied the motion prejudicial? (California, United States of America)
What is the test for affirming a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
In what circumstances will a court grant an award of costs and fees for the untimely filing of a cost memorandum and motion for attorney fees? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
How have appellate courts dealt with a request for judicial notice of a motion seeking attorney fees and costs against Respondent to Respondent's request for an anti-SLAPP motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.