Hill v. Superior Court

Opinion

RICHMAN, J.

Petitioners in this writ proceeding are Deirdre Hill and Vincent G. Hughes (collectively petitioners), co-executors of their mother’s estate. They filed a proceeding against their stepfather, Frank Staggers, Sr., to recover property belonging to the estate, which among other things requested a judgment for twice the value of the property recovered, as provided for by Probate Code section 859 (usually, double damages). Petitioners’ stepfather died, and his son was substituted as his successor. He moved for summary adjudication on the double damages claim, on the basis that…