California, United States of America
The following excerpt is from Yianilos v. Hunter, D066333 (Cal. App. 2015):
As relevant here, "case law establishes that a court may not surcharge a fiduciary without substantial evidence that the particular loss was caused by the fiduciary's fault." (Borissoff v. Taylor & Faust (2004) 33 Cal.4th 523, 531.) Further, " '[i]t is fundamental that "damages which are speculative, remote, imaginary, contingent, or merely possible cannot serve as a legal basis for recovery." ' " (In re Estate of Kampen (2011) 201 Cal.App.4th 971, 991.) We apply a substantial evidence standard of review in determining whether the findings underlying an award of damages is supported by the record. (Id. at p. 992.) We accordingly turn to the evidence in the record that supported a finding the Property could have been sold by July 2009.
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