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California Court of Appeal


Regents of the University of California v. Kraus, B213484

In a petition by two residuary trust beneficiaries - the Regents of the University of California and the Make-A-Wish Foundation of Greater Los Angeles - for restitution funds, probate court's judgment ordering the deceased settlor's brother to return $197,402 to a court appointed representative of the Estate and to pay statutory double damages of $394,804 is affirmed where: 1) the brother's arguments that he should not be required to pay deliver $197,402 to a court appointed personal representative of his sister's estate pursuant to section 850 is without merit; and 2) there is no merit to the brother's arguments concerning the section 859 penalty.

Appellate Information

  • Decided 04/27/2010
  • Published 04/27/2010

Judges

  • TURNER, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Julia C. McBride for Objector and Appellant.

  • For Appellees:
  • Hicks, Mims, Kaplan & Burns and Stephen L. Kaplan for Petitioners and Respondents.
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