Cal. Prob. Code § 859

Current through the 2023 Legislative Session.
Section 859 - Property concealed or disposed of in bad faith

If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a conservatee, a minor, an elder, a dependent adult, a trust, 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, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court's discretion, be liable for reasonable attorney's fees and costs. The remedies provided in this section shall be in addition to any other remedies available in law to a person authorized to bring an action pursuant to this part.

Ca. Prob. Code § 859

Amended by Stats 2013 ch 99 (AB 381),s 1, eff. 1/1/2014.
Amended by Stats 2011 ch 55 (AB 354),s 1, eff. 1/1/2012.
Added by Stats 2001 ch 49 (SB 669), s 1, eff. 1/1/2002.