4/3 DCA Also Determines Probate Court Section 859 Allows Doubling, But Not Trebling, Of Damages.
Objector in Conservatorship of Ribal, Case No. G056105 (4th Dist., Div. 3 Jan. 18, 2019) (published) was ordered to return funds to the conservatorship and, on remand, the trial court awarded conservator post-judgment attorney’s fees incurred in attempts to enforce the judgment of $43,507.50 against objector. This one was reversed because the record showed that the judgment had been satisfied before the fee motion was brought, meaning the fee motion was untimely under Code of Civil Procedure section 685.080(a). The 4/3 DCA, in the opinion authored by Acting Presiding Justice Moore, also construed the scope of Probate Code section 859, determining that it allows for doubling, but not trebling, of damages for the value of property taken or disposed of by a person committing financial elder abuse.