Theodore Haun, as Trustee v. Kelly Pagano et al.

Citation: 2026 WL 455372 (Cal. Ct. App. 4th Dist. Div. 1, Feb. 18, 2026), D084385

Relevant Facts

• Charles Frazier, age 83, became seriously ill in late 2019 with aggressive cancer and was discharged into the care of Michael and Kelly Pagano.

• The Paganos took Frazier to their estate planning attorney to revise his trust; the new trust (executed December 20, 2019) provided the Paganos would receive a large portion of Frazier’s assets.

• Kelly facilitated asset transfers and requested a letter of incapacity from Frazier’s oncologist without an examination.

• On January 9, 2020, Frazier’s nephews (including Theodore Haun) visited him and learned of the December 2019 trust. Frazier stated he did not want to sign the new trust and felt pressured by the Paganos.

• On January 11, 2020, Frazier executed a new trust through a different attorney.

• Frazier died January 20, 2020. Two days later, Kelly filed a civil complaint alleging financial elder abuse against Haun and others.

• Haun successfully pursued a probate petition alleging financial elder abuse by the Paganos.

Legal Issues

Whether Haun, as the successful petitioner in a probate action, could be awarded attorney’s fees under the unilateral fee-shifting provision of Welfare and Institutions Code section 15657.5(a), despite the fees being inextricably intertwined with defending against the Paganos’ competing elder abuse claim.

Positions of the Parties

Haun: Sought $595,574.50 in attorney’s fees; argued Carver and similar cases were inapplicable because he was the successful petitioner/plaintiff under a unilateral fee-shifting statute designed to encourage prosecution of elder abuse claims.

Paganos: Contended under Carver that because all fees were inextricably intertwined with the defense against their competing claim, no apportionment was possible and Haun should receive no fees.

Decision of the Court

AFFIRMED. The probate court’s award of $536,448 in attorney’s fees was upheld.

Reasons for the Decision

• Carver was distinguishable because it involved successful defendants or cross-defendants seeking fees under contractual or bilateral provisions, whereas Haun was the successful petitioner under a unilateral statute.

• The legislative intent to encourage prosecution of financial elder abuse claims supports awarding overlapping fees to the successful petitioner.

• Apportionment is not required when claims are so intertwined that separation would be impracticable.

• The probate court carefully reviewed billing records and properly reduced fees by over $65,000 for excessive, duplicative, and vague entries.