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The Litigation, Award of Costs.
On November 8, 1991, the California Court granted summary
adjudication in favor of the Trustee on most of the Objections.
On November 12, 1991, the remaining Objections were withdrawn by
Burroughs.
After the remaining Objections were withdrawn, the Third
Account was approved by the California Court. The California
Court also ordered that the extraordinary distributions provided
for in the Third Account be held pending the other beneficiaries’
motion for litigation costs. In December 1991, the other
beneficiaries moved against petitioner for litigation costs.
The California Court awarded litigation costs to the other
beneficiaries, the Trustee, and the guardian ad litem, stating as
follows:
F. Based upon all of the evidence presented at
trial, Sharon DiLeonardo’s failure to explain or deny
by her testimony the evidence in the case against her,
the matters of which judicial notice was taken, and the
Court’s prior issue-preclusion sanction, the Court
finds: each and all of Sharon DiLeonardo’s Objections
to the Third Account were frivolous; she knew that her
Objections to the Third Account were frivolous; she
knew that the Third Account was proper; she would have
objected to essentially anything that was included
within the Third Account; that each and all of her
Objections to the Third Account were totally and
completely without merit; that each and all of her
Objections to the Third Account were made in bad faith;
that each and all of her Objections to the Third
Account were made for the sole purpose of harassing
opposing parties; that each and all of her Objections
to the Third account were made willfully and
maliciously to injure the trustee or the beneficiaries
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