Keading v. Keading
The court held that, under California Probate Code § 859, a probate court may impose double damages for elder-financial-abuse based solely on a finding of undue-influence abuse without a separate bad-faith determination, and that the substantial evidence in this case satisfied that standard, affirming the trial court's judgment.
Date Filed: February 18, 2021
Case Name: Keading v. Keading
Case Number: A151468
Court: California Court of Appeal, First Appellate District, Division Three
(‘The Court resolves whether California Probate Code §\u202f859 permits an automatic award of double damages for elder‑financial abuse without a separate finding of bad‑faith. It affirms the trial court’s judgment, holding that substantial evidence establishes undue‑influence abuse and that §\u202f859 indeed authorizes double damages on that basis alone. This decision clarifies that probate courts may impose punitive double damages in elder‑abuse actions without a distinct bad‑faith determination, shaping damages exposure in future probate‑law elder‑abuse cases.’, ‘048df0ad’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.