Pizarro v. Reynoso

The patriarch-settlor appointed defendant Melissa Reynoso (a granddaughter of the settlor) as trustee of his estate. In this proceeding, the trial court determined Reynoso was the most reliable and credible of the family members. The trial court found that other family members were not credible. Reynoso sold real property of the trust to Karen Bartholomew (a daughter of the settlor). Plaintiff Anthony Pizarro (a grandson of the settlor) filed a petition for relief against Reynoso concerning the sale of the real property. The court denied the petition and ordered Pizarro and others to pay the trust’s attorney fees and costs. On appeal, Pizarro contended the trial court erred in finding that Reynoso acted properly as trustee. However, the Court of Appeal found he failed to make a focused, organized, and coherent argument for why the Court should have reversed the order. The Court therefore concluded he forfeited the argument. Pizarro and Bartholomew contended that the award of attorney fees and costs against them was improper. The Court concluded that the attorney fees and costs were properly and lawfully imposed under the trial court’s equitable power over the trust, except to the extent the trial court made Pizarro and Bartholomew personally liable for attorney fees and costs, rather than liable solely from their shares of the trust assets. The award of attorney fees and costs to the extent it imposed personal liability was reversed; in all other respects, the Court affirmed. View "Pizarro v. Reynoso" on Justia Law