Hill v. Superior Court
Annotate this CasePlaintiffs filed a petition against their stepfather, to recover property belonging to their mother’s estate and sought damages of double the value of the property, based on Probate Code 859: “If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to ... an elder, ... or the estate of a decedent, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse … the person shall be liable for twice the value of the property recovered [and] in the court’s discretion ... for reasonable attorney’s fees and costs.” Staggers died. His son was substituted in as the respondent in the probate proceeding. The court held that double damages and attorney fees under section 859 were punitive in nature and not available against the son, based on Code of Civil Procedure 377.42, which excepts from recovery against a successor “damages recoverable under Section 3294 of the Civil Code or other punitive or exemplary damages.” The court of appeal vacated, reasoning that section 859 damages may be punitive in nature, but are not punitive damages.
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