Estate of Ashlock
The court held that, under California Probate Code § 859, the statutory penalty for a wrongful-taking action is limited to twice the value of the property or surcharge recovered-not a triple award-so the trial court's $27,624.20 surcharge calculation was erroneous and the case was remanded for a revised double-penalty computation, thereby clarifying that future probate-code recovery actions must apply the double-multiplier for bad-faith misappropriation of estate assets.
Date Filed: March 03, 2020
Case Name: Estate of Ashlock
Case Number: F078083
Court: California Court of Appeal, Fifth Appellate District
(‘The court decides that California Probate Code §\u202f859 imposes a penalty of twice the value of property or surcharges recovered in a wrongful‑taking action, not a “triple” award, and it corrects the trial court’s miscalculation of a $27,624.20 surcharge, ordering a revised double‑penalty calculation on remand. This holding clarifies the proper statutory computation of §\u202f859 damages in probate‑code recovery actions, ensuring that future courts apply the correct “double” multiplier when assessing penalties for bad‑faith misappropriation of estate assets.’, ‘f6158f53’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.