Keading v. Keading (2021) A151468 A151468; filed 2/18/21. ![[Files/CaseFiles/A151468.PDF]] [Opinion PDF](https://www.courts.ca.gov/opinions/archive/A151468.PDF) ## Rule excerpts Published Discussion A.2.a: Probate Code section 859; elder financial abuse. The court expressly disagreed with Levin v. Winston-Levin (2019) 39 Cal.App.5th 1025, 1036. Consolidated with A153075 and A152034. > The language of Probate Code section 859 is not ambiguous in specifying when a bad faith finding is necessary for double damages. The statutory language contains three different clauses describing the three different categories of conduct that can support double damages, each of which is separated by the conjunction “or.” The first two categories require a separate finding of bad faith but the third one—applying when a person “has taken, concealed, or disposed of the property . . . through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code”—does not. — Keading v. Keading (2021) A151468, slip op., p. 18.