Probate Law Intersectonn of probate, elder abuse and double damages
An individual’s conviction under Penal Code Sec. 368(d) established her civil liability for elder financial abuse under Welfare and Institutions Code Sec. 15610.30. The doctrine of judicial estoppel barred the individual from challenging the amount she stole from the elder when she had stipulated to the amount of the restitution award in the criminal proceedings. Probate Code Sec. 859 does not permit a wrongdoer to avoid the statutory penalty of double damages by beginning to make restitution after a criminal conviction, but the restitution payments made before the restitution award was reduced to a judgment should have been credited to the principal amount of the restitution amount rather than to accumulated prejudgment interest.
Kerley v. Weber – filed Oct. 3, 2018, Second District, Div. Two
Cite as 2018 S.O.S. 4930
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