Balquist v. Ballard CA1/5

Filed 5/27/22 Balquist v. Ballard CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not cer- tified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been cer- tified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

JOHN BALQUIST, Petitioner and Respondent, A161293

v. (Alameda County MATT BALLARD, Super. Ct. No. RP18905104) Appellant.

Matt Ballard appeals from an order granting the petition of respondent John Balquist to approve his accounting as trustee of the Darlene Pyshora Trust (Trust) and denying Ballard’s cross-petition objecting to various acts by Balquist as trustee. We reverse. I. BACKGROUND Darlene Pyshora had three living adult children: Ballard, Michael Pyshora and Margo Moore. Darlene1 executed the Trust in 1995 and an amendment and restatement of that Trust on June 20, 2016. Balquist was named as Trustee in the 2016 amendment and served during Darlene’s lifetime at an agreed hourly rate of $150 per hour.

With the exception of the two parties to this lawsuit, whom we refer to 1

by last name, we use first names to ease the task of the reader. 1

Among other things, the Trust provided that upon Darlene’s death, Michael would receive a house located on Bass Drive in Vacaville. Ballard would receive Darlene’s interest in a condominium located in Hawaii, and the proceeds from liquidation of the Trust assets would be split between the children, 45 percent to both Ballard and Margot and 10 percent to Michael. Darlene died on August 16, 2016. On May 3, 2017, Michael died intestate and was survived by two sons: Kevon Spier and Hunter Pyshora, who received Michael’s share of the trust. Balquist filed a verified “Petition for Approval of Trustee John Balquist’s Second Account,”2 seeking approval of the second accounting and actions taken in the administration of the Trust. Ballard filed a verified “Cross-Petition Objecting to Actions of Trustee; Seeking Rejection of Trustee’s Claim for Fees and Attorney’s Fees; and Surcharging Trustee for Breach of Trust.” Ballard’s cross-petition alleged that Balquist’s hourly fee of $150 and the total amount of trustee fees billed (about $100,000 on a trust worth less than $1 million) was excessive, that Balquist had incurred expenses that were not reasonable, that he had unreasonably delayed in transferring Michael’s interest in the Bass Street property to his heirs and had unnecessarily sought court permission to do so, that Balquist had failed to rent out the Bass Street property, and that Balquist had delayed in taking the steps necessary to transfer the Hawaii condominium to Ballard. Balquist filed a response stating, among other things, that the fee was reasonable and had been agreed to by Darlene, and that the hours billed were necessary in light of Ballard and Margot’s initial posture that Michael’s share should lapse at the time of his death, as well as Ballard and Hunter’s conduct with regards