Tag: Elder Abuse Act

Court of Appeal Caps Pretrial Attachment in Financial Elder Abuse Cases

Plaintiffs who sue for financial elder abuse run the risk that defendants will spend ill-gotten gains before they can be recovered.  To address this problem, the California Legislature gave plaintiffs the opportunity to “attach” or freeze assets at the outset of a case. The Court of Appeal, in Royals v. Lu (2022) ___ Cal.App.5th ___, … Continue Reading

Another Broad Reading of the Elder Abuse Act Protects Seniors

We “ring” in 2022 with a recent case that again shows the long reach of statutory financial elder abuse claims in California trust and estate litigation. In Ring v. Harmon (2021) ___ Cal.App.5th ___, the Court of Appeal considered an alleged loan scheme to drain equity out of a house held in a probate estate. … Continue Reading

California Court May Award Attorney’s Fees to Financial Elder Abuse Plaintiff Who Does Not Prove Damages

A new case from the Court of Appeal once again illustrates the robust nature of claims under California’s Elder Abuse and Dependent Adult Civil Protection Act, also known as the Elder Abuse Act. In Arace v. Medico Investments, LLC (2020) 48 Cal.App.5th 977, a San Bernardino County jury found the owner of a residential care … Continue Reading
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