Respondent Gary Nelson?s Motion for Order Awarding Attorney?s Fees Against Cindy Maddux and Charging Such Fees Against Ms. Maddux?s Share of the Nelson Trust is denied.? This court cannot conclude that Maddux?s petition was frivolous, or that she brought this litigation wrongfully or in bad faith, justifying an award under?Rudnick v. Rudnick(2009) 179 Cal. App. 4th 1328, 1334-35.? William and Gary Nelson did not disclose William?s sale of NNGI to Gary, meaning that Cindy would have no interest in the Fullerton property, even though Cindy reasonably believed William?s assets would pass 50-50 to his two children.? In addition, Gregory Wahl testified at trial that he saw a deed for the Fullerton property to Gary and Cindy, his secretary told him Gary took the deed home, and the deed disappeared.
Respondent Gary Nelson?s Motion for Order Awarding Attorney?s Fees Against Cindy Maddux as the Costs/Fees for Proving Denied Facts is granted in the amount of $53,959.03.? Nelson has shown that Maddux denied facts which Nelson was then forced to prove at trial.? Even though Maddux filed no opposition to this motion, the court has noted that instead of asking only for the amount of his fees and costs in proving the denied matters, Nelson seeks the same amount of fees as in his other motion, meaning all of his fees and costs for the entire case.? An award of any fees and costs before the denial would be categorically improper, as are post-denial fees and costs that were not incurred in making the proof.? This court has awarded what it considers to be a reasonable and justified amount, and which is the amount stated by Nelson on page 8, line 4 of his points and authorities ?as cost of proof fees?.
Maddux?s?Request for Judicial Notice as to the first motion is granted as to #1, 3 and 4 and denied as to #2, 5 and 6.??Maddux?s?Request for Judicial Notice as to the second motion is granted as to #1-4 and 6-7 and denied as to #5.
Moving party?is ordered to give notice of the ruling?unless notice is waived.