Skytte v. Skytte CA4/3

Filed 1/26/26 Skytte v. Skytte CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

BIRTHE B. SKYTTE, et al.,

Plaintiffs and Respondents, G064930

v. (Super. Ct. No. 30-2017- 00902820) CHRISTIAN SKYTTE, et al., OPINION Defendants and Appellants.

Appeal from a postjudgment order of the Superior Court of Orange County, Layne H. Melzer, Judge. Affirmed. Motion to dismiss. Denied. Christian Skytte and Catherine J. Skytte, in pro. per. for Defendants and Appellants.

Law Office of David E. Libman and David Ethan Libman; Jeff Lewis Law, Jeffrey Lewis, Kyla Dayton, and Tim Cotter for Plaintiffs and Respondents. Recently, a different panel of this court considered an appeal filed by the same parties, affirming dismissal of a probate dispute. (Skytte v. Skytte (G061364, Feb. 27, 2024) [nonpub. opn.] (Skytte).) On remand, the trial court ordered Christian Skytte and his wife, Catherine J. Skytte, to pay attorney fees to Birthe Skytte, Michael Skytte, Stephen Skytte, and Thomas Skytte.1 Christian argues the trial court abused its discretion in granting Birthe’s motion because it was untimely, Birthe was barred from filing a motion for an award of fees and costs, and the award was excessive. We conclude each contention lacks merit and affirm.

FACTUAL AND PROCEDURAL BACKGROUND This case began as a probate dispute between family members. (See Skytte, supra, G061364.) In 2018, Christian and Birthe settled their dispute and dismissed their competing claims. Under the terms of their settlement agreement, the parties agreed the prevailing party would pay attorney fees and costs arising from enforcement of the agreement. In 2021, Christian moved to vacate the dismissal of his claims. (Skytte, supra, G061364.) The trial court denied the motion, and Christian appealed (Ibid.) A different panel of this court affirmed the trial court’s ruling and remanded the matter to the trial court to award costs. (Ibid.) Birthe