By Jeremiah J. Moffit, Esq.,* Courtney A. Sorensen, Esq.* Craig S. Weinstein, Esq.*, and Sara Z. May, Esq.*
AN ACCOUNTING CAN BE ORDERED AGAINST ANYONE THAT OWES A FIDUCIARY DUTY, THE RIGHT TO OBJECT TO CONSIDERATION OF AFFIDAVITS MAY BE WAIVED IF NOT ASSERTED, AND THE RIGHT TO AN EVIDENTIARY HEARING MAY REQUIRE OFFER OF PROOF OF FACTUAL ISSUES AND EVIDENCE TO BE ASSERTED AT THAT HEARING
Conservatorship of Farrant (2021) 67 Cal.App.5th 370
The Second District Court of Appeal held that a court can require an accounting from any party that possesses a fiduciary duty. Further, the Probate Court may consider affidavits and declarations as evidence, even in contested proceedings, if no one objects to their consideration. In addition, the trial court did not abuse its discretion in denying the request for an evidentiary hearing where no offer of proof is made to specify the factual issues and evidence to be presented at the requested hearing.