We publish this opinion because we believe it is important “to publicly illuminate a particularly egregious example of an abuse of the legal system and to bring to the attention of other courts, who may find themselves similarly burdened by litigation initiated by this same party.” (Kim v. Walker (1989) 208 Cal.App.3d 375, 386, fn. 10.) Borrowing some apt language from Kim, “our resolution of [this case] . . . appears to be only a small part of the extensive litigation which [Kinney] has commenced” (ibid.) and seems inclined to continue to pursue whenever the opportunity arises. The rarity of the set of circumstances presented and the type of misconduct involved meet the standards set forth in subdivisions (c)(2) [“Applies an existing rule of law to a set of facts significantly different from those stated in published opinions”] and (c)(6) [“Involves a legal issue of continuing public interest”] of rule 8.1105 of the California Rules of Court.
The opinion concludes: "The case is remanded to the probate court, where, upon satisfactory proof from the Special Administrator of the amount of reasonable attorney’s fees and costs incurred to respond to the frivolous portions of the appeal, the court shall award sanctions against Kinney payable to the Special Administrator. In addition, the sanctions order shall include a sanctions amount of $5,000 payable to the Clerk of this court."
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