Bill Text: CA SB156 | 2013-2014 | Regular Session | Amended

California Senate Bill 156 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Conservatorships and guardianships: attorney's fees.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB156 Detail]

Download: California-2013-SB156-Amended.html

BILL NUMBER: SB 156	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 19, 2013
	AMENDED IN ASSEMBLY  JUNE 11, 2013
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Beall
   (Coauthor: Assembly Member Fong)

                        JANUARY 31, 2013

   An act to amend Section 2640 of the Probate Code, relating to
conservatorships and guardianships.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 156, as amended, Beall. Conservatorships and guardianships:
attorney's fees.
   Existing law provides for the administration of guardianships and
conservatorships. Existing law authorizes a guardian or conservator
of an estate to petition the court for an order allowing compensation
to the guardian, conservator, or attorney for the guardian or
conservator, as specified. Existing law prohibits the guardian or
conservator from being compensated from the estate for any costs or
fees that he or she incurred in unsuccessfully opposing a petition,
or other request or action, made by or on behalf of the ward or
conservatee, unless the court determines that the opposition was made
in good faith, based on the best interests of the ward or
conservatee.
   This bill would instead authorize the court to award specified
litigation costs  incurred by the   guardian or
conservator in defending the compensation in the petition  ,
including attorney's fees,  to the prevailing party if an
objection is made to the petition for compensation, except as
specified.   only if the guardian or conservator first
proves that he or she made a good faith effort to informally resolve
all objections, that he or she acted in good faith in defending the
petition, and that it is in the best interest of the ward or
conservatee to award the costs. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2640 of the Probate Code is amended to read:
   2640.  (a) At any time after the filing of the inventory and
appraisal, but not before the expiration of 90 days from the issuance
of letters or any other period of time as the court for good cause
orders, the guardian or conservator of the estate may petition the
court for an order fixing and allowing compensation to any one or
more of the following:
   (1) The guardian or conservator of the estate for services
rendered to that time.
   (2) The guardian or conservator of the person for services
rendered to that time.
   (3) The attorney for services rendered to that time by the
attorney to the guardian or conservator of the person or estate or
both.
   (b) Notice of the hearing shall be given for the period and in the
manner provided for in Chapter 3 (commencing with Section 1460) of
Part 1.
   (c) Upon the hearing, the court shall make an order allowing (1)
any compensation requested in the petition the court determines is
just and reasonable to the guardian or conservator of the estate for
services rendered or to the guardian or conservator of the person for
services rendered, or to both, and (2) any compensation requested in
the petition the court determines is reasonable to the attorney for
services rendered to the guardian or conservator of the person or
estate or both. The compensation allowed to the guardian or
conservator of the person, the guardian or conservator of the estate,
and to the attorney may, in the discretion of the court, include
compensation for services rendered before the date of the order
appointing the guardian or conservator. The compensation allowed
shall be charged to the estate. Legal services for which the attorney
may be compensated include those services rendered by any paralegal
performing legal services under the direction and supervision of an
attorney. The petition or application for compensation shall set
forth the hours spent and services performed by the paralegal.

   (d) If the court, upon an objection to the petition, reduces the
compensation requested in the petition, the objecting party shall be
deemed the prevailing party and the court may award the objecting
party his or her costs and other expenses and costs of litigation,
including attorney's fees, incurred to contest the petition. In
determining whether to award the objecting party his or her costs and
other expenses and costs of litigation, the court shall consider the
best interests of the ward or conservatee.  
   (1) The award shall be a charge against the compensation of the
guardian or conservator, and the guardian or conservator shall be
liable personally and on the bond, if any, for any amount that
remains unsatisfied.  
   (2) This subdivision does not apply to a public conservator or
public guardian.  
   (e) 
    (d)  Notwithstanding subdivision (c),  if the court
reduces or denies the compensation requested in the petition, 
the guardian or conservator shall not be compensated from the estate
for any costs or fees, including attorney's fees, that the guardian
or conservator incurred in defending the compensation in the 
petition, unless the guardian or conservator proves to the
satisfaction of the court that the guardian or conservator acted in
good faith in defending the petition, taking into consideration the
objections of the ward or conservatee, if any. If the guardian or
conservator establishes good faith, the court may choose, but is not
required, to award those costs or fees if the court determines that
it is in the best interest of the ward or conservatee to make that
award.   petition. However, the court may exercise
discretion to grant or deny any portion of the additional fee request
if the guardian or conservator proves to the satisfaction of the
court all of the following:  
   (1) The guardian or conservator made a reasonable and good faith
attempt at an informal resolution of each issue presented by the
objection to the compensation in the petition.  
   (2) The guardian or conservator acted in good faith and with
substantial justification in defending the petition, taking into
consideration any objections thereto.  
   (3) It is in the best interest of the ward or conservatee to make
an award of costs or fees.  
   (f) If the court, upon an objection to the petition, does not
reduce the compensation requested in the petition, the guardian or
conservator shall be deemed the prevailing party and the court may
order the objecting party to pay the expenses and costs of
litigation, including attorney's fees, incurred by the guardian or
conservator to defend the petition. The objecting party shall be
personally liable for the amount ordered. In determining whether to
award the objecting party his or her expenses and costs of
litigation, the court shall consider the best interests of the ward
or conservatee.