What is the test for a claim for damages under section 859 of the Welfare and Institutions Code for (1) taking property by the use of undue influence in bad faith?

California, United States of America


The following excerpt is from Kerley v. Weber, B282202, B283256 (Cal. App. 2018):

bad faith; (2) taking property by the use of undue influence in bad faith; and (3) taking property through elder or dependent adult abuse as defined in Welfare and Institutions Code section 15610.30. Because the third clause applied here, no separate finding of bad faith was necessary. (See Hill v. Superior Court (2016) 244 Cal.App.4th 1281, 1287 ["the last alternative of section 859 allows for double damages without any requirement that petitioners show any aggravated misconductonly financial elder abuse"].)

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