Insight

Apportioning Attorney Fees When There Are Multiple Claims

To support efforts to protect vulnerable seniors, California allows plaintiffs who prevail on financial‑elder‑abuse claims to recover their attorney fees and costs from defendants. But when those protective efforts involve multiple, overlapping legal actions, how should the resulting fees be allocated?

James K. Andrade

James K. Andrade

April 9, 2026 01:31 PM

Background: A Short Period With Lasting Consequences

In late 2019, Charles Frazier, age 83 and undergoing cancer treatment, could no longer live independently in his San Diego–area home. After being discharged from the hospital on November 15, he moved into the Escondido home of close friends Michael and Kelly Pagano.

Within weeks of his move, the Paganos took Frazier to meet with their estate planning attorney to revise his existing estate plan. Frazier expressed a desire to remove his estranged daughter as a beneficiary of his trust.

Over the next two weeks, Frazier and the Paganos met with the attorney three times. On December 20, 2019, Frazier executed a new trust (the “2019 Trust”), which allocated a substantial portion of his assets to the Paganos. Kelly Pagano also assisted in transferring Frazier’s assets into the new trust.

Frazier’s health continued to decline. On January 6, 2020, at Kelly Pagano’s request and without an in-person examination, Frazier’s oncologist provided a letter stating that Frazier lacked capacity to manage his financial and personal affairs. Such letters are often used to activate powers of attorney or successor trustee provisions.

Two days later, the Paganos moved Frazier into a hospice care facility. On January 9, 2020, Frazier’s nephews, Jeff Frazier and Theodore Haun, visited him and learned for the first time about the 2019 Trust.

According to the nephews, Frazier stated that he did not want to sign the new trust and felt pressured to do so. He asked for help retaining new counsel to restore his prior estate plan, which provided for distribution of his assets to his siblings. With their assistance, Frazier executed another trust on January 11, 2020 (the “2020 Trust”).

Frazier passed away on January 20, 2020.

Competing Allegations of Financial Elder Abuse

Two days after Frazier’s death, Kelly Pagano filed a civil action in San Diego Superior Court against Jeff Frazier, Theodore Haun, the attorney who prepared the 2020 Trust, and the notary who witnessed it. The complaint alleged financial elder abuse and sought to preserve the Paganos’ claimed rights under the 2019 Trust.

In May 2020, Haun, acting as trustee of the 2020 Trust, filed a probate petition asserting financial elder abuse by the Paganos and requesting confirmation that the 2020 Trust was valid and enforceable.

The following month, Kelly Pagano filed a competing probate petition. She alleged that Jeff and Haun had committed financial elder abuse and asked the probate court to determine the parties’ respective rights under both the 2019 and 2020 trusts.

The Probate Court Rules in Favor of the 2020 Trust

The probate court stayed the civil action and conducted an eight-day trial on the consolidated probate petitions.

In its statement of decision, the court observed that all parties “loved and respected” Frazier and acknowledged that the Paganos provided him with meaningful care during his final weeks. Nonetheless, the court concluded that the Paganos had exercised undue influence over Frazier and that the 2019 Trust conferred an undue benefit on them.

By contrast, the court found no undue influence in connection with the 2020 Trust and determined that Jeff Frazier and Haun did not receive an improper benefit from that instrument.

The court granted Haun’s petition, denied Kelly Pagano’s petition, and found that the Paganos had committed financial elder abuse. As a result, Haun prevailed both as the petitioner asserting an elder abuse claim and as the respondent defending against the Paganos’ competing claim.

The probate court awarded Haun damages exceeding $39,000 and doubled that amount pursuant to statutory penalty provisions applicable to financial elder abuse. The court reserved the issue of attorney fees and costs for later determination.

Haun subsequently sought more than $595,000 in attorney fees, supported by evidence that his counsel devoted more than 1,600 hours to the litigation over three years. The probate court reduced the request and awarded approximately $536,000 in fees.

Appellate Court Upholds the Fee Award

The Paganos appealed, arguing that attorney fees were not recoverable because the work on Haun’s elder abuse claim overlapped with the work defending against their claim. Relying on Carver v. Chevron (2004), they contended that when some claims permit fee shifting and others do not, fees must be apportioned or denied.

The Court of Appeal rejected those arguments. It explained that Haun’s role in the probate proceeding was that of a petitioner asserting statutory elder abuse claims, functionally equivalent to a plaintiff. Although he also successfully defended against the Paganos’ allegations, he did not seek fees as a prevailing defendant under a contract or statute providing unilateral fee rights.

The court further noted that awarding fees in this context was consistent with the Legislature’s intent to encourage the prosecution of financial elder abuse claims. Where claims are closely intertwined, and where the prevailing party succeeds on a claim that authorizes fee recovery, an award of overlapping fees does not undermine that policy.

The Court of Appeal affirmed the probate court’s attorney fee award and awarded Haun his costs on appeal.

Article Tags:

Trending Articles

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Unenforceable HOA Rules: What Homeowners Can Do About Illegal HOA Actions


by Bryan Driscoll

Not every HOA rule is legal. Learn how to recognize and fight unenforceable HOA rules that overstep the law.

Wooden model houses connected together representing homeowners associations

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

How Far Back Can the IRS Audit You?


by Bryan Driscoll

Clear answers on IRS statutes of limitations, recordkeeping and what to do if you are under review.

Gloved hand holding a spread of one-hundred-dollar bills near an IRS tax document

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

Can You File Bankruptcy on Credit Cards


by Bryan Driscoll

Understanding your options for relief from overwhelming debt.

Red credit card on point-of-sale terminal representing credit card debt

Uber’s Staged Accidents Lawsuit a Signal Flare for Future of Fraud Litigation


by Bryan Driscoll

Civil RICO is no longer niche, and corporate defendants are no longer content to play defense.

Uber staged car crash headline

Anthropic Class Action a Warning Shot for AI Industry


by Bryan Driscoll

The signal is clear: Courts, not Congress, are writing the first rules of AI.

authors vs anthropic ai lawsuit headline

How to Get Full Custody of a Child


by Bryan Driscoll

Learn the legal steps, required evidence and common misconceptions about full custody to protect your parental rights.

Child holding hands with two parents, symbolizing custody

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne

Canadian Firms Explore AI, But Few Fully Embrace the Shift


by David L. Brown

BLF survey reveals caution despite momentum.

Canadian Firms Explore AI, But Few Fully Embrace the Shift headline

Colorado’s 2026 Water Rights Battles


by Bryan Driscoll

A new era of conflict begins.

Colorado Water Rights 2026: A New Era of Conflict headline