Bubs
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why did the judge question KJ's appeal costs request then? I get it that you feel anything and everything should be paid but Michael's will/trust doesn't really say "pay her legal costs". but that being said like I said there's no need to argue as this is mostly a moot debate as I'm almost certain KJ's AEG trial cost will be paid by Estate one way or another.
You are right Ivy, this is not about allowance, and not only judge questioning it, but PPB's GAL was concern of it. It is about KJ asking the estate pay her legal costs and court questioning whether it was preliminary distribution or what.
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FACTS: Petnr is co-guardian, seeking the court to instruct the Executors to pay atty fees incurred by petnr individually and as guardian. Petnr and the minor children are bens of this estate.
On 9/15/10, petnr, individually and on behalf of the decd's 3 minor children, filed a wrongful death suit agst AEG Live (BC 445597). A verdict was entered in favor of AEG Live. On 1/22/14, petnr filed an appeal, retaining the firm of Reed Smith LLP to handle 2 consolidated appeals (B252411 and B251972)
In April 2014, petnr and the minors were ordered to pay costs of 854,820.16 to AEG Live. On 5/27/14, Reed Smith filed Appellants' Opening Brief, Appendix, and the Certified Reporters' Transcripts. Reed Smith agreed to forego its typical hourly rate and agreed to a fee cap of 200,000 for the work on Appeal, plus a 100,000 success bonus if a reversal of the judgment was attained. There is an additional amt of 9,500 for costs. Petnr will provide a copy of the retainer agreement for in camera review. Atty rates are 340/hr - 830/hr.
Pursuant to PC 2642(b) & (c), petnr requests that the court instruct the Executors to pay Reed Smith a maximum of 300,000 from the Estate, for legal services relating to the Appeal on behalf of petnr and the minor children, plus costs 9,500.
Per decl of appellate atty, issues raised on appeal are numerous and complex, as the appeal challenges the trial cout's summary adjudication rulings and certain rulings during trial. Atty has reviewed trial court file, inc 17,700 page reporter's transcript, extensive legal research, prep and filing of opening brief and 16 volume appendix. A Reply brief will be due 50 days after the Respondent's Brief is filed.
MATTERS TO CLEAR:
A. Petnr alleg she is proceeding under PC 2642(b) & (c). There is no PC 2642(c). Moreover, this section permits ATTORNEYS to bring a petition fixing fees. Appears any such petition fixing fees related to the guardianship should be brought in the guardianship hearing. And petnr, as an indvidual adult, can incur fees without any court order fixing them. How is PC 2642(c) applicable to this petn, brought in this decd's estate proceeding by the guardian, and by an estate bene in her individual capacity? supp reqd.
B. Under what authority is this estate liable for the atty fees of petnr, individually, and as guardian of the minors? Is petnr actually seeking a preliminary dist to beneficiaries pay atty fees? If so, in what proportion should this amount be charged to the share of each beneficiary? are all equal benes? supp reqd.
C. If this is really a petn for prelim dist, appears a separate petn must be brought in the gship estate to determine if this is an appropriate expenditure of guardianship funds (as to the share attributable to the minor benes only). supp reqd.
D. When is this payment to be made, since the 100,000 is due only upon successful appellate outcome? Is the other 200,000 to be paid up front, or as incurred? Who is responsibility is it to review the bills for accuracy - petnr or extrs? supp reqd.
E. No copy of retainer agreement - petnr alleg it will be provided for in camera review. o/w, if court will not allow in camera review, to be filed w/ supp.
F. Who are the tees of the irrev life insurance tr? ntc? o/w, what authority to request relief as to Irrev Life Ins tr in this estate proceeding? supp reqd.
RELIEF:
1. JTD instruct and order the executors of the Estate of Michael Joseph Jackson OR the trustees of the Irrev Life Insurance Trust, to pay counsel for the benes, Reed Smith LLP's attorney fees and costs not to exceed the sum of 300,000, for legal services rendered w/ respect to the Appeal, as well as related costs NTE 9,500 - COMMENT: No authority to direct tees of Irrev Life Ins Tr in this decd's estate proceeding. If any order is made, it can be as to the executors only
P/A COMMENT: see notes. What authority for this estate to pay the attorney fees incurred on behalf of the beneficiaries individually? The code section cited in petn (PC 2642(b)& (c) does not appear to be applicable in this proceeding. If this is a really a petn for prelim dist, then it appears the court in the guardianship proceeding must determine if this is a proper expenditure of funds due to the guardianship. O/w, if this is really some sort of petition for instructions that petnr has authority for, then court may consider in camera review of retainer agreement. o/w, copy of retainer agreement to be filed w/ supp.
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