Probate,
California Courts of Appeal
Apr. 10, 2020
Seeing triple under Probate Code 859 ‘double damages’
Twice in two years California appellate courts have addressed the proper construction of Probate Code Section 859 on the award of “double damages” with each court reaching a different conclusion.
Ariel G. Siner
Associate
Hoge, Fenton, Jones & Appel, Inc.
Email: ariel.siner@hogefenton.com
VAriel is a member of the firm's Trust and Estate Practice Group. Chambliss and Siner maintain offices in San Jose and Pleasanton.
Twice in two years California appellate courts have addressed the proper construction of Probate Code Section 859 on the award of "double damages" with each court reaching a different conclusion. In the case Estate of Ashlock, 2020 DJDAR 1950 (March 3, 2020), the 5th District Court of Appeal held Section 859 is to construed as "double damages" awarded in addition to rec...
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