In re Jorgenson
In In re Jorgenson, 159 Ariz. 214, 766 P.2d 87 (App. 1988), the question was whether there must be some wrongful conduct in order to award double damages pursuant to subsection (D). Id. at 214, 766 P.2d at 89.
In that case, the personal representative filed an action for recovery of property and double damages based on subsection (D). Id.
The case was tried to a jury. Id. at 215, 766 P.2d at 88.
The jury was given no instruction that required them to make any finding of wrongful conduct in order for double damages to be awarded.
The Court stated: "double damages are authorized only when the defendant in an action to recover property has wrongfully concealed, embezzled, conveyed or disposed of property and not when the defendant honestly but mistakenly believed the property belonged to him." Id. at 216, 766 P.2d at 89.