Filed32212Adrianv.AdrianCA41.docVIP

 PAGE \* MERGEFORMAT 14 Filed 3/22/12 Adrian v. Adrian CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA JAMES E. ADRIAN, Individually and as Trustee, etc., Plaintiff and Respondent, v. CARL WAYNE ADRIAN, Defendant and Respondent.  D058877 (Super. Ct. No. 37-2008 CU-OR-CTL)  APPEAL from a judgment of the Superior Court of San Diego County, Luis R. Vargas, Judge. Affirmed. James E. Adrian (James) and Carl Wayne Adrian (Wayne), In the interests of clarity we refer to the parties by their given names. We refer to Wayne by his middle name, as that is how he refers to himself in his briefing. We intend no disrespect. brothers, inherited undivided quarter interests in investment real estate from their mother. The Carl Adrian Trust B (the Trust), of which the brothers were beneficiaries and James was trustee, owned the other undivided half of the real estate. Disputes arose between the brothers and James sued to partition the property. The brothers settled the action by agreeing to partition by sale and to release each other from all other claims. According to James, Wayne interfered with the sale, including by damaging the property. Wayne bought the property through the partition sale process. In determining the final allocation of sale proceeds, James and the Trust moved to have certain of his attorney fees and the costs for injunction proceedings against Wayne, repairing damage, and lease enforcement proceedings against a tenant of the property (a corporation owned by Wayne), determined to be costs of partition and charged against Way