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

Written by James K. Andrade

Published: April 9, 2026

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.

Trending Articles

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

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'

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

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

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

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

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni

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

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

When Is It Too Late to Stop Foreclosure?


by Bryan Driscoll

Understanding the foreclosure timeline, critical deadlines and the legal options that may still protect your home.

Miniature house model on orange background surrounded by thumbtacks representing foreclosure

Can You Go to Jail at an Arraignment?


by Bryan Driscoll

Understanding What Happens at Your First Court Appearance.

A heavy chain lying on the ground in the foreground with a blurred figure standing in the background

What’s the Difference Between DUI and DWI?


by Bryan Driscoll

Understanding the terminology and consequences of impaired driving charges.

Driver during nighttime police traffic stop with officer's flashlight shining through car window

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

How to Choose a Personal Injury Lawyer


by Bryan Driscoll

Finding the right legal representation after an injury is a critical decision that requires careful evaluation. 

3D scene representing the deliberative process of choosing a personal injury attorney

Is Federal Inaction Crippling New York’s Gun Laws?


by Bryan Driscoll

Tragedy tests the limits of Empire State gun control.

limits of new york gun laws headline