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Hill v. Superior Court (Staggers, Jr.)

Reversal required where court wrongly concludes double damages under Probate Section 859 are prohibited punitive damages.



Cite as

2016 DJDAR 1967

Published

Feb. 29, 2016

Filing Date

Feb. 25, 2016


DEIRDRE HILL et al

DEIRDRE HILL et al.,

Petitioners,

v.

THE SUPERIOR COURT OF ALAMEDA COUNTY,

Respondent;

FRANK E. STAGGERS, JR.,

Real Party in Interest.

 

No. A145893

(Alameda County

Super. Ct. No. RP12630780)

California Courts of Appeal

First Appellate District

Division Two

Filed February 25, 2016

 

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

 

BY THE COURT:

 

     The opinion filed herein on February 18, 2016 is modified as follows:

 

     On page 12, the first and second lines under the heading ?DISPOSITION? are modified to read as follows:

 

     Let a peremptory writ of mandate issue commanding respondent court to set aside its order granting real party?s motion for summary adjudication and to

 

     This modification does not effect a change in the judgment.

 

 

 

Date: ______________                        

______________________ P.J.

 

Trial Court:

Alameda Superior Court

 

Trial Judge:

Honorable Sandra K. Bean

 

Attorneys for Petitioners:

Michael Ryan Dougherty, Steven Jay Rood

 

Attorneys for Real Parties in Interest:

Triay Law Office, Paul D. Epstein, Charles A. Triay; Kong Law Firm, Miguel O. Barquera

 

 

 

 

#213266

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