Hudson v. Foster

B300017

California Court of Appeal, Second Appellate District · Filed

Published · citable

Holding

The court held that the probate court’s order denying the conservatee’s motion to vacate the final account is appealable because it rests on the court’s inherent equitable power to set aside an order obtained through extrinsic fraud; moreover, a conservatee is not required to demonstrate that the misrepresentations of material fact in the conservator’s account could not have been discovered before the order’s entry, and the trial court erred in imposing such a heightened investigative burden. Accordingly, the denial was reversed and the matter remanded for further proceedings consistent with the correct legal standards. ---

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