Tag: Elder Abuse Act

Anti-Isolation Restraining Orders Available in 2023

[Editor’s Note: This post was revised on January 11, 2023 after the implementing Judicial Council forms became available.] California trust and estate disputes often include claims that one or more family members have isolated or are isolating an elder for financial gain. For example, Brother may have difficulty communicating with Mother and blame Sister for … Continue Reading

Court of Appeal Caps Pretrial Attachment in Financial Elder Abuse Cases

By Jeffrey S. Galvin on August 22, 2022 Posted in Financial Elder Abuse, Undue Influence

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) 81 Cal.App.5th 328, … Continue Reading

Another Broad Reading of the Elder Abuse Act Protects Seniors

By Jeffrey S. Galvin on December 28, 2021 Posted in Estate Administration, Financial Elder Abuse, Probate

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

By Jeffrey S. Galvin on May 18, 2020 Posted in Financial Elder Abuse, Financial Powers of Attorney, Legal Expenses

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