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Cal. Probate Code § 859 (2026)

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 46 cases (28 in the last 5 years), 2005–2026 · leading case: Rogers v. Nguyen (In re Ribal), 243 Cal. Rptr. 3d 177 (Cal. Ct. App. 5th 2019).
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Rogers v. Nguyen (In re Ribal), 243 Cal. Rptr. 3d 177 (Cal. Ct. App. 5th 2019). · cites it 4× “Probate Code section 859 states that a person who takes or otherwise disposes of property in a manner that constitutes financial elder abuse "shall be liable for twice the value of the property recovered.”
Hill v. Superior Court, 244 Cal. App. 4th 1281 (Cal. Ct. App. 2016). “As also quoted above, Probate Code section 859 provides for double damages if a person has in “bad faith” done certain things and also if the wrongdoer has “taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of…”
Katzenstein v. Chabad of Poway, 237 Cal. App. 4th 759 (Cal. Ct. App. 2015). “) Probate Code section 859 allows the court, upon a showing “that a person has in bad faith wrongfully taken, concealed, or disposed of [trust] property,” to award damages against the person “for twice the value of the property recovered” in the action and reasonable attorney…”
In Re Pereira & Melo Dairy, 325 B.R. 1 (Bankr. E.D. Cal. 2005). · cites it 2× “On November 26, 2002, Claimant filed an action in the Stanislaus County Superior Court seeking to recover the alleged wrongful transfers pursuant to California Probate Code Section 850. Claimant also requested double damages pursuant to California Probate Code Section 859.”
In re Est. of Taylor, 479 P.3d 476 (Kan. 2021). “See Cal. Prob. Code § 859 ("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…”
Levin v. Winston-Levin (Cal. Ct. App. 2019). · cites it 6× “Absent a Finding of Bad Faith, Double Damages Under Probate Code Section 859 May Not be Awarded Based on an Undue Influence Theory of Elder Abuse Elizabeth contends the court erred in interpreting Probate Code section 859 to require some form of egregious conduct to warrant…”
Keading v. Keading (Cal. Ct. App. 2021). · cites it 5× “Probate Code Section 859 Kenton raises several challenges to the imposition of liability under Probate Code section 859.”
Est. of Dellarsina CA4/1 (Cal. Ct. App. 2024). · cites it 5× “” Based on these findings, the court found that Spinosa was liable for twice the value of the property recovered in addition to the return of the property under Probate Code section 859. The court concluded that the value of the funds transferred out of Kathy’s personal bank…”
Conservatorship of Ribal (Cal. Ct. App. 2019). · cites it 4× “Probate Code section 859 states that a person who takes or otherwise disposes of property in a manner that constitutes financial elder abuse “shall be liable for twice the value of the property recovered.”
Cockren v. Brown CA5 (Cal. Ct. App. 2022). · cites it 4× “Probate Code Section 859. This Court finds, based on the findings above, that the Co-Trustees breached their fiduciary duties as trustees of the Restated Trust and acted in bad faith when Kelley Brown retained and cashed the royalty checks from Termo Oil.”
Parra v. Parra (S.D. Cal. 2021). · cites it 4× “Gillis, whom Mike and Erika 18 Parra had retained for estate planning purposes, alleging claims for professional 19 negligence, breach of contract, and breach of fiduciary duty.”
Royals v. Lu (Cal. Ct. App. 2022). · cites it 3× “4 general prayer for relief on all causes of action she included a demand under Probate Code section 859 4 for double the value of her compensatory damages.”
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