Ancieto Sierra Hernandez vs Railway Jonata LLC

administration of a decedent's estate, thus does not automatically warrant extraordinary fees, even when work is performed to remedy waste. Unless circumstances during the sale of real property require the estate to incur "legal services" not normally needed during the sale and escrow process, the high value of real estate in this state generates a statutory fee award that is usually sufficient to compensate the personal representative and the attorney. This is especially true when a real estate agent is used to effectuate the sale.

The standard courts use is " legal services in connection with the sale of property held in the estate." (CRC, Rule 7.703(c)(1).) There were no legal services required in this case to remedy the waste that was caused to the real property, besides the preparation of an unlawful detainer action, which is most certainly extraordinary in nature. The Court may consider that the statutory fee calculated on an estate where the decedent's personal residence that was sold for $500,000 is reasonable compensation, because no "legal services" were required to effectuate the sale of the property, other than brief contract review and associated tasks, and the policy behind statutory fee awards includes strong consideration of the complication of larger estates than that of smaller estates. (In re Buchman's Estate (1955) 138 Cal.App.2d 228, 235.

See also Estate of Getty (1983) 143 Cal.App.3d 455 [discussing in dicta that massive statutory compensation can be sufficient to cover unexpected intricacies in estate administration]; and Estate of Hilton (1996) 44 Cal.App.4th 890, 912-16 [citing In re Walker's Estate (1963) 221 Cal.App.2d 792, 795] for the proposition that probate courts can disallow all extraordinary fees claims if they find statutory compensation sufficient, keeping in mind the legislature's policy of subsidizing fees in more complicated estates with those easily earned in less complicated estate ["The Legislature merely determined, in substance, that any undercompensation involved in handling small estates would be equitably adjusted in the long run by overcompensation in handling larger estates."].)

As a result of the above authority, and because the efforts spent on remedying waste to the estate was not legal in nature, but clerical at best, it is recommended the Court deny the fees associated with the repairs of the home to ready it for sale, and only approve the fees expended in the preparation of the unlawful detainer. Petitioner should submit supplement outlining what the fees are that were expressly connected to the unlawful detainer action so the court does not have to do so.

Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 161 956 1423 Passcode: 137305

Tentative Ruling: Ancieto Sierra Hernandez vs Railway Jonata LLC Tentative Ruling: Ancieto Sierra Hernandez vs Railway Jonata LLC Case Number

Case Type Unlimited Other Employment (15) Hearing Date / Time Wed, 04/29/2026 - 10:30 Nature of Proceedings Motion for Preliminary Approval

Tentative Ruling The motion was filed on April 17, 2026 for hearing on April 29, 2026. Code of Civil Procedure section 1005 (b) requires that "Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing." This motion was not timely filed and even if it were timely served, the court is unable to accommodate it. Adherence to established filing deadlines is necessary to the fair and efficient administration of the court's docket. Accordingly, the motion is continued to June 24, 2026. Plaintiff to give notice. No appearances are required on April 29, 2026.