4th District Court of Appeal, Estate Planning, Probate and Tax Law, Probate
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March 27, 2026
Fourth District holds that a breaching trustee's inability to pay is not a defense to Probate Code section 859's mandatory double damages penalty and clarifies that postjudgment interest does not accrue on the prejudgment interest portion of the award.
4th District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate
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February 18, 2026
Fourth District holds that a successful petitioner in a financial-elder-abuse trust dispute may recover attorney fees under Welfare and Institutions Code section 15657.5(a), even though he also defended against the wrongdoers' competing cross-claim for elder abuse.
1st District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate
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February 4, 2026
First District affirms LPS conservatorship renewal and involuntary medication order for a 42-year-old man with undifferentiated schizophrenia, finding substantial evidence supports continued grave disability and incompetence to refuse antipsychotic medication.
1st District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate
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January 29, 2026
First District affirms dismissal of an intentional-interference-with-expected-inheritance claim against the plaintiff's brothers, holding the IIEI tort is not available where the plaintiff had an adequate remedy in probate (which she had earlier voluntarily dismissed).
2nd District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate
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January 28, 2026
Second District affirms a one-year LPS conservatorship renewal, holding the trial court adequately honored the conservatee's jury-trial rights where she demanded a jury trial, was given time to consult counsel, and then personally withdrew her demand and confirmed her choice on the record.