Probate/Special Fee Shifting Statute: Elder Abuse Fee Entitlement Unclear Based On Murky Statement Of Decision Denying Fee Award

 

Independent Tort versus Statutory Violation Didn’t Need to be Addressed Here.

     Estate of Hazewinkel, Case No. D058282 (4th Dist., Div. 1 Dec. 9, 2011) (unpublished) is interesting in its discussion of potential fee entitlement under California’s Elder Abuse Act statute, Welfare and Institutions Code section 15657.5(a).

     Although it reversed the denial of a fee award for an inadequate statement of decision in essence, it contains an interesting discussion of whether you need an independent tort or just a statutory elder abuse violation for fee entitlement purposes. Looks like there is a split, so look as these decisions when you grapple with this issue.

Scroll to Top