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Rudnick v. Rudnick

Court of Appeals of California, Fifth District
102 Ca.Rptrt.3d 493 (2009)


Facts

Oscar Rudnick was the trustee of the Rudnick Estates Trust. Philip, Robert, and Milton Rudnick were beneficiaries of the trust, and together held a minority interest in the trust. The trust instrument provided that the trustee could not sell any trust asset unless approved by a majority of the trust beneficiaries. Oscar (plaintiff) petitioned the probate court to approve a sale of real estate held in the trust, which had been approved by a majority of the trust beneficiaries. Philip, Robert, and Milton (defendants) objected to the sale. The probate court ruled in Oscar’s favor and ordered him to complete the sale. The probate court also granted Oscar’s motion to recover attorney fees and costs and to charge that amount to Philip, Robert, and Milton’s future distributions from the trust. The probate court held that Philip, Robert, and Milton’s opposition to Oscar’s petition had not been made in good faith, but was an attempt to delay the sale. Philip, Robert, and Milton appealed.

Rule of Law

Issue

Holding and Reasoning (Levy, P.J.)

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