Judge: Olga Alvarez, Case: 37-2020-00019629-PR-TR-CTL, Date: 2023-08-30 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - August 29, 2023

08/30/2023  10:30:00 AM  503 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Olga Alvarez

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Probate  Trust Proceedings Motion Hearing (Probate) 37-2020-00019629-PR-TR-CTL IN THE MATTER OF THE JAY & LAEL KOVTUN IRREVOCABLE LIFE INSURANCE TRUST NO. 1, DATED JANUARY 21, 2000 [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 05/22/2023

Pursuant to San Diego Superior Court Local Rule, rule 4.23.7, the court's tentative ruling is as follows: The Motion for Order Fixing Attorney's Fees Awarded at Trial filed by Gordon Kovtun, Trustee, is CONTINUED to October 25, 2023, at 10:30 a.m. for moving party to submit additional records.

DISCUSSION Gordon Kovtun (Trustee) moves pursuant to Probate Code section 859 for attorney's fees to be surcharged against Respondent Karolyn Kovtun's (Respondent) share of the Trust. (ROA 292.) Respondent opposes the motion on various grounds.

On May 25, 2021, Trustee filed a petition seeking orders that: (1) former co-trustee Karolyn Kovtun return embezzled trust funds; (2) former co-trustee Karolyn Kovtun turn over all books and records and other trust property to current trustee; and (3) Karolyn Kovtun's share of the trust be surcharged litigation attorney fees and costs incurred by the trustee. (ROA 48.) On February 10, 2023, after a bench trial, the Court found in Trustee's favor. Specifically, the Court found that Respondent acted wrongfully and in bad faith and was liable under Probate Code section 859 for twice the value of the property recovered, 'together with reasonable attorneys fees incurred in this matter, in an amount subject to later proof. Such liability and reasonable fees shall be paid from Ms. Kovtun's beneficial interest in the Trust in the total amount of $18,820.48 (i.e. $2,400.91 + $5,473.19 + $10,946.38) plus reasonable attorneys fees.' (ROA 259, Minute Order dated Feb. 10, 2023, emphasis added.) As such, whether Trustee is entitled to the requested attorney's fees is not at issue, and Respondent's arguments in this regard are unavailing.

The issue before the Court is whether the requested fees are just and reasonable. However, the Court cannot make such a determination as Trustee did not submit ANY evidence of the work performed.

Attorney Abbott's declaration is insufficient. Although the declaration describes in detail the necessity of the work performed, it only generally describes the type of attorney work performed.

Based on the foregoing, the motion for attorney's fees is CONTINUED to October 25, 2023, at 10:30 a.m.

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2977622 CASE NUMBER: CASE TITLE:  IN THE MATTER OF THE JAY & LAEL KOVTUN IRREVOCABLE LIFE  37-2020-00019629-PR-TR-CTL Counsel for Gordon Kovtun is directed to serve notice of this ruling in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

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2977622