Is "Bad Faith" Needed for Double Damages Under Probate Code Section 859? | Downey Brand LLP
To embed, copy and paste the code into your website or blog: A recent decision from the California Court of Appeal shows a continued split of authority as to the meaning of California Probate Code section 859, which allows doubles damages for the wrongful taking of property under specified circumstances. In Keading v. Keading (2021) ___ Cal.App.5th ___, the Court of Appeal ruled that a trial court can impose double damages, without a finding of bad faith, if the court finds that a person has taken, concealed or disposed of property by committing elder or dependent adult financial abuse. Th...
Source: jdsupra.com