During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
An independent insurance agent that transacts business with many insurance companies is an agent of the insured, not any of the insurance companies, more akin to an insurance broker than a true insurance agent. The insurer owes no duty of care to supervise such an agent and is not liable for the agent's torts. In determining whether an applicant meets… Read More
California recognizes the tort of intentional interference with expected inheritance. (Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1050-1056.) There are six elements to the tort. Here, substantial evidence supported the trial court's findings that each of the elements was satisfied. The decedent's wife had reason to expect an inheritance from her husband, who had consulted his probate attorney about changing… Read More
Health and Safety Code section 1430(b) allows a resident or patient of a nursing home to sue the facility for breach of any rights guaranteed by the Patients' Bill of Rights Act and for violation of regulations not relating to health and safety. It allows up to $500 in damages, plus attorney fees and costs. This opinion holds that the… Read More
Probate Code 859 provides for an award of double damages if the court finds that the defendant son has in bad faith wrongfully taken . . . property belonging to a . . . dependent adult, . . . or has taken . . . the property by the use of undue influence in bad faith or through the commission… Read More
In a criminal prosecution for theft from an elder, defendant stipulated to a restitution amount of $700,000, so she was estopped from denying that damage amount in a later action for double damages under the Probate Code. Read More
In a criminal prosecution for theft from an elder, defendant stipulated to a restitution amount of $700,000, so she was estopped from denying that damage amount in a later action for double damages under the Probate Code. Read More
Facts sufficient to show recklessness (not merely negligence) are necessary in order for the issue of liability on elder abuse claim by medical services provider to go to the jury. Read More
An elder physical abuse claim was properly dismissed for failure to allege egregious withholding of needed medical care: the doctors only refused to give the care they reasonably thought would be medically ineffective. Read More
Elder or dependent adult may renew a five-year restraining order against abuse if s/he entertains a reasonable apprehension of future abuse, even if additional abuse did not occur during the initial five-year restraining period. Read More
An elder abuse complaint alleging neglect is not a dispute relating to a health care provider’s “professional negligence” within the meaning of Code of Civil Procedure section 1295, so the decedent’s heirs were not bound by the provider’s arbitration agreement. Read More
