California Court of Appeal

In a writ proceeding brought by co-executors of their mother's estate against their stepfather to recover property belonging to the estate, which among other things requested a judgment for twice the value of the property recovered, as provided for by Probate Code section 859, the trial court's grant of summary adjudication against petitioners, concluding that the double damages sought were precluded under Code of Civil Procedure section 377.42, is reversed and the writ is granted where double damages provided for under section 859 are not within that exception.

Appellate Information

• Published 2016/02/18

Judges

• RICHMAN

Court

• California Court of Appeal

Counsel