IN RE THE VIRGINIA MONICA RODARTE 2024 REVOCABLE TRUST

2025PRTR047751: IN RE THE VIRGINIA MONICA RODARTE 2024 REVOCABLE TRUST 05/28/2026 in Department J6 Hearing on Petition Approving Attorney Fees and Costs Pursuant to Court Order Dated September 17, 2025

The Court will deny the petition for fees without prejudice. The 9/17/25 Order Confirming Title to Real Property and Bad Faith Damages states in relevant part: “Petitioners’ attorney fees and cost related to this Petition shall be deducted from Mona Lee Aguilar-Campbell’s distributive share” of the Trust. The attorneys’ fees and costs were awarded pursuant to Probate Code Section 859.

The 9/17/25 Order Granting Removal of Trustee, etc., states in part that Petitioners’ attorney fees and costs incurred in relation to that petition shall be paid from the Trust assets.

The current fee petition requests all fees and costs incurred in this proceeding and asks that the fees and costs be charged to Respondent’s distributive share of the Trust. This is not what the Court previously ordered. The petition fails to apportion the attorney fees and costs between the two separate petitions filed by Petitioners.

Further, the minute order for 9/17/25 states in relevant part: “All attorney fees, costs, damages and surcharged [sic] are reserved until accounting is filed and property is placed back in the trust.” As of 5/26/26, no account has been filed by the former trustee Mona Aguilar-Campbell. The petition does not state that the real property has been returned to the Trust. Determination of the amount of fees and costs to be awarded under section 859 should await the review of the accounting and a determination of any surcharge against the removed trustee.

For all of the foregoing reasons, the Court will deny the petition without prejudice.

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