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Following Roldan v. Callahan & Blaine (2013) 219 Cal.App.4th 87, this decision affirms an order denying arbitration after the defendant refused to pay all arbitration costs.  Substantial evidence supported the trial court's finding that Daniel Hang was indigent when he died while in defendant's care.  His son brought suit for elder abuse and negligent hiring and supervision as Hang's successor-in-interest. … Read More

This decision affirms an Anti-SLAPP dismissal of a malicious prosecution action against a mandatory reporter of elder abuse for an allegedly knowingly false report of elder abuse by plaintiff, accusing her of attempting to kill an elder by smothering him with a pillow.  Plaintiff also claimed that defendant then coerced the elder into corroborating the false report, leading to criminal… Read More

The trial court properly awarded plaintiff elder enhanced damages and attorney fees under the Elder Abuse Act based on defendant's depriving plaintiff of her right under Los Angeles' rent control law to re-rent her apartment after the defendant landlord returned it to the rental market within five years after evicting plaintiff under the Ellis Act.  The statutory right to re-rent… Read More

To obtain a right to attach order, the plaintiff must prove it is more likely than not that the plaintiff will obtain a judgment against the defendant on the claim on which it seeks an attachment, and that claim must be either a claim for money based on contract or a claim for elder abuse. (CCP 481.190, 483.010; Welf. &… Read More

Following Delaney v. Baker (1999) 20 Cal.4th 23, this decision holds that MICRA's one-year limitations on medical malpractice claims and $250,000 limit on non-economic damages did not apply to this elderly woman who was sexually assaulted by the defendant elder care facility's male attendant, based on a jury's finding that the defendant was not only guilty not only of general… Read More

Under W&I Code 15657.03, a court may issue a restraining order to prevent a defendant from committing threatened or repeated physical or financial elder abuse. Here, the trial court did not abuse its discretion in entering such an order against a step child who, along with her mother, tried to unduly influence the mother's elderly husband to change his estate… Read More

Fraud in factum, in execution or in the inception differs from promissory fraud, which is a false promise.  Fraud in execution occurs when the defendant causes the plaintiff to execute a contract that has materially different terms from those on which the parties orally agreed.  To allege a claim for fraud in execution, the plaintiff must allege facts showing the… Read More

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

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

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