A recent California appellate opinion provides guidance on the interplay between applications for elder abuse restraining orders and special motions to strike (also known as anti-SLAPP motions). The opinion tells trial courts to consider applications for restraining orders, so as to protect seniors, even when anti-SLAPP motions are pending. We’ve written earlier about the Southern … Continue Reading
We begin the year with a case, Riverside County Public Guardian v. Snukst (2022) ___ Cal.App.5th ___, involving an elder with dementia who received Medi-Cal benefits. The case, a blast from the past, illustrates how the State of California, under the law in effect until several years ago, could recoup the cost of such benefits … Continue Reading
One of the first steps before filing a lawsuit is to decide which court has jurisdiction over it and where it is properly venued. It’s a significant choice – not only for strategic reasons, but also because a poor selection may prove fatal to the lawsuit. Such a hefty decision is not always an easy … Continue Reading
In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets. The role of the personal representative (i.e., the “executor” if nominated in the will) … Continue Reading
A recent California appellate opinion provides guidance on the interplay between applications for elder abuse restraining orders and special motions to strike (also known as anti-SLAPP motions). The opinion tells trial courts to consider applications for restraining orders, so as to protect seniors, even when anti-SLAPP motions are pending. We’ve written earlier about the Southern … Continue Reading
