How have courts interpreted section 859 of the California Mental Health Act?

California, United States of America


The following excerpt is from Keading v. Keading, 275 Cal.Rptr.3d 338, 60 Cal.App.5th 1115 (Cal. App. 2021):

Three courts of appeal have addressed this issue. Our reading comports with two of them. In Hill v. Superior Court (2016) 244 Cal.App.4th 1281, 198 Cal.Rptr.3d 831, the court noted that "the last alternative of section 859 allows for double damages without any requirement that petitioners show any aggravated misconductonly financial elder abuse." ( Id. at p. 1287, 198 Cal.Rptr.3d 831.) In

[275 Cal.Rptr.3d 348]

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