Fiduciary exposure
Combines the surcharge for loss to the estate or trust, double damages under Probate Code §859 and prejudgment interest into a single exposure figure for mediation. Every default is editable.
Statement of exposure
Total exposureDamages, interest, penalties, fees and costs
$0.00
Prepared with JuraSumLegal Math · jurasum.com
Before you rely on this statement
- This statement is a strategy and calculation aid and is not legal or financial advice or a prediction of any award.
- It assembles components supplied by counsel (damages, an interest rate, penalties, multipliers and fees) into a single figure for negotiation. The availability of prejudgment interest, statutory penalties, enhanced or multiplied damages and fee-shifting varies by claim and jurisdiction and is often discretionary or capped.
- Confirm each component and its basis, including every multiplier, statutory penalty and interest rate, against controlling authority before asserting it.
- Confirm the Probate Code § 859 predicate (a finding of bad faith or elder abuse) before asserting double damages, and confirm the prejudgment interest rate and its accrual against controlling authority.
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