Following a successful summary judgment motion for payment of a real estate commission, the moving party sought costs.
The trustee opposed personal liability, arguing costs should be paid from funds held in court.
The investors argued the trustee should pay costs personally due to improper conduct.
The court ordered costs of $10,000 to be paid from the funds in court, as the moving party should not be prejudiced by the dispute between the trustee and investors, but without prejudice to the investors seeking recovery from the trustee in their ongoing litigation.
