Estate of CONRAD NICHOLSON HILTON, Deceased. MYRON E. HARPOLE et al., Petitioners and Appellants, v. CONRAD N. HILTON FOUNDATION, Objector and Appellant; DANIEL E. LUNGREN, as Attorney General, etc., Objector and Respondent
44 Cal. App. 4th 890 · B084575
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that a probate court lacks the authority to order an attorney to repay statutory fees previously awarded through final, unappealed orders, even if subsequent calculations suggest the fees were excessive, as such orders are res judicata and immune from collateral attack. The court further held that prior unappealed fee awards, both statutory and extraordinary, are binding final judgments that must be considered when evaluating subsequent petitions for additional compensation, and that the value of prior extraordinary services cannot be re-litigated to reduce a current fee request.
Statutes construed
- PROB § 10800
- PROB § 10830
Cited by (3)
- Estate of DAN K. STEVENSON, Deceased. KENNETH G. PETRULIS, as Administrator, etc., Petitioner and Appellant, v. WILLIAM C. WILKS, Objector and Respondent (2006) 141 Cal. App. 4th 1074
- REIKO MILLER, Plaintiff and Respondent, v. CAMPBELL, WARBURTON, FITZSIMMONS, SMITH, MENDEL & PASTORE, Defendant and Appellant (2008) 162 Cal. App. 4th 1331
- Estate of DENNIS WONG, Deceased. DONNA WONG, as Executor, etc., Petitioner and Appellant, v. PETER BRESLER, Claimant and Respondent (2012) 207 Cal. App. 4th 366
Authorities cited (12)
- Estate of TERESA TURINO, Deceased. MAURICE H. ROACH, as Executor, etc., Petitioner and Appellant, v. ROSE CAPRA et al., Objectors and Appellants 8 Cal.App.3d 642
- Estate of GEORGE F. BILLINGS, Deceased. BEVERLY J. MONTAG, as Executrix, etc., Petitioner and Appellant, v. JOY L. BILLINGS et al., Objectors and Respondents 228 Cal.App.3d 426
- Estate of SETH G. BEACH, Deceased. BANK OF CALIFORNIA, as Executor, etc., Petitioner and Respondent, v. JOETTE BEACH CARTER et al., Objectors and Appellants 15 Cal.3d 623
- Abels v. Frey 126 Cal.App. 48
- Estate of CONRAD NICHOLSON HILTON, Deceased. WILLIAM BARRON HILTON, Petitioner and Appellant, v. CONRAD N. HILTON FOUNDATION et al., Objectors and Appellants 199 Cal.App.3d 1145
- Estate of RICHARD H. LACY, Deceased. SECURITY PACIFIC NATIONAL BANK, as Co-trustee, etc., et al., Petitioners and Respondents, v. HELEN FITZPATRICK et al., Objectors and Appellants 54 Cal.App.3d 172
- Estate of ESTHER ROYCE TRYNIN, Deceased. RICHARD W. ECKARDT et al., Petitioners and Appellants, v. MARCIA D'ESOPO et al., as Co-administrators, etc., Objectors and Respondents 49 Cal.3d 868
- ESTATE OF ABRAHAM L. GUMP, Deceased. WELLS FARGO BANK, as Trustee, etc., Petitioner and Appellant, v. ROBERT L. GUMP et al., Objectors and Respondents 1 Cal.App.4th 582
- Estate of ZELLA ADAIR WALKER, Deceased. HILARY H. CRAWFORD, as Executor, etc., et al., Petitioners and Appellants, v. FLORIEN KINGSBURY, Objector and Respondent 221 Cal.App.2d 792
- Estate of JEAN PAUL GETTY, Deceased. TRUST SERVICES OF AMERICA, INC., et al., Petitioners and Respondents v. JOHN K. VAN de KAMP, as Attorney General, etc., Objector and Appellant 143 Cal.App.3d 455
- Estate of FANNIE M. HECK, Deceased. SIDNEY J. W. SHARP, Individually and as Executor, Appellant, v. HATTIE J. LANE, Respondent 160 Cal.App.2d 162
- Estate of BURT WALLIS WINDIATE, Deceased. SECURITY FIRST NATIONAL BANK, as Special Administrator, etc., et al., Petitioners and Respondents, v. BENJAMIN STANLEY MOORE, Individually and as Executor, etc., et al., Objectors and Appellants 197 Cal.App.2d 560