We blogged recently about Keading v. Keading (2021) 60 Cal.App.5th 1115, which addresses whether a trial court can impose damages under California Probate Code section 859, 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.
Keading v. Keading
Is “Bad Faith” Needed for Double Damages Under Probate Code Section 859?
By Jeffrey S. Galvin on
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) 60 Cal.App.5th 1115, the Court of Appeal ruled that a…