What is the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)?

Useful Rulings on Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)

Recent Rulings on Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)

RANDY MCCLOUD VS SOUTHERN CALIFORNIA HOSPITAL AT CULVER CITY

Demurrers Second Cause of Action: Dependent Adult Abuse The Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, § 15600 et seq.) provides for steep penalties against those who abuse an elder or a dependent adult. Dependent adult abuse includes physical abuse, neglect, isolation, deprivation by a care custodian of necessary goods or services, and financial abuse. (Welf. & Inst. Code, § 15610.07, subd. (a).)

  • Hearing

    Jul 10, 2020

STEVEN POWERS VS MARCOS VIVIAN, ET AL.

Second Cause of Action: Elder Abuse An elder for purposes of the Elder Abuse and Dependent Adult Civil Protection Act (“EADCPA”) (Welf. & Inst. Code § 15600 et seq.) is “any person residing in this state, 65 years or older.” (Welf. & Inst. Code § 15610.27. Abuse of an elder or a dependent adult” under the EADCPA means any of the following: “Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.

  • Hearing

    Jul 09, 2020

  • Type

    Real Property

  • Sub Type

    other

DRAKE KENNEDY, ET AL. VS BRIAN KENNEDY, ET AL.

Analysis An elder for purposes of the Elder Abuse and Dependent Adult Civil Protection Act (“EADCPA”) (Welf. & Inst. Code § 15600 et seq.) is “any person residing in this state, 65 years or older.” (Welf. & Inst. Code § 15610.27. Financial elder abuse is defined as when a person "[t]akes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both." (Welf. & Inst.

  • Hearing

    Jul 08, 2020

JESUS IGNACIO VALENZUELA, ET AL. VS LAWNDALE HEALTHCARE & WELLNESS CENTRE LLC, ET AL.

Plaintiffs allege four causes of action: (1) elder abuse and neglect under the Elder Adult and Dependent Adult Civil Protection Act, Welfare & Institutions Code §§ 15600, et seq.; (2) willful misconduct; (3) wrongful death; and (4) violation of patient’s rights under Health & Safety Code § 1430. Defendants filed a demurrer and motion to strike on April 1, 2020.

  • Hearing

    Jul 08, 2020

RICHARD ZAJAC VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ET AL.

This is not the intended result of The Elder Abuse and Dependent Adult Civil Protection Act, as “nothing in the legislative history suggests that the Legislature intended the Act to apply whenever a doctor treats any elderly [or dependent] patient.” (Winn, supra, 63 Cal.4th at p. 163.)

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

RICHARD ZAJAC VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ET AL.

This is not the intended result of The Elder Abuse and Dependent Adult Civil Protection Act, as “nothing in the legislative history suggests that the Legislature intended the Act to apply whenever a doctor treats any elderly [or dependent] patient.” (Winn, supra, 63 Cal.4th at p. 163.)

  • Hearing

    Jul 02, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ARSHAM MELKONIAN, ET AL. VS OPHC, LLC DBA OAKPARK HEALTHCARE CENTER, ET AL.

The Complaint asserts causes of action for: Elder Abuse and Neglect (pursuant to the Elder Abuse and Dependent Adult Civil Protection Act – Welf. & Inst. Code §§ 15600, et seq.); Negligence/Willful Misconduct; Wrongful Death; and Violation of Patients’ Bill of Rights (pursuant to Health & Safety Code § 1430). Plaintiff moves for an order compelling the deposition of Sumyat McGrath, LVN, who is purported to be represented by counsel for Defendant Oakpark.

  • Hearing

    Jul 01, 2020

LEONARD BLATT V. RENA FELICIA SMITH

Tentative emailed Complaint Plaintiff Leonard Blatt filed his complaint for violations of the Elder and Dependent Adult Civil Protection Act (W&I Code §§ 15600, et seq.) and breach of fiduciary duty against defendant Rena Felicia Smith, individually and as trustee of the Thomas Blatt Living Trust dated August 19, 2015 (the “Trust”). Plaintiff alleges: Plaintiff is the son of decedent Thomas “Toivi” Blatt and is a residual beneficiary of the Trust.

  • Hearing

    Jun 30, 2020

GREGORY BERGER, ET AL. VS LEE SAMSON, ET AL.

Here, the Court previously found that Plaintiffs’ first cause of action failed to pled sufficient facts for elder abuse against Shtorch.

  • Hearing

    Jun 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALEXANDER CORDOVA VS SILVER LAKE MEDICAL CENTER ET AL

Second Cause of Action: Dependent Adult Abuse Under the Elder and Dependent Adult Civil Protection Act (“EADACPA”), Welf. & Inst. Code §15600 et seq., a dependent adult is defined as any person residing in California between 18 and 64 who has physical or mental limitations that restrict his ability to carry out normal activities, protect his rights, or whose physical or mental abilities have diminished because of age. (Welf. & Inst. Code, §15610.23, subd. (a).)

  • Hearing

    Jun 26, 2020

ARSHAM MELKONIAN, ET AL. VS OPHC, LLC DBA OAKPARK HEALTHCARE CENTER, ET AL.

The Complaint asserts causes of action for: Elder Abuse and Neglect (pursuant to the Elder Abuse and Dependent Adult Civil Protection Act – Welf. & Inst. Code §§ 15600, et seq.); Negligence/Willful Misconduct; Wrongful Death; and Violation of Patients’ Bill of Rights (pursuant to Health & Safety Code § 1430).

  • Hearing

    Jun 22, 2020

KAREN ARNAIZ VS JOY LYNNETTE WORKMAN

Tentative Ruling on the Motion for Right to Jury Trial filed by Plaintiff, Karen Arnaiz, set for hearing on June 19, 2020 in Department 11A: TENTATIVE RULING: Karen Arnaiz (“Plaintiff”) presents her Motion for Right to Jury Trial of her cause of action for Violations of the Elder and Dependent Adult Civil Protection Act (Financial Elder Abuse). The motion is denied. Discussion.

  • Hearing

    Jun 17, 2020

IN RE THE HAROLD JENNINGS REVOCABLE TRUST

Tentative Ruling on the Motion for Right to Jury Trial filed by Plaintiff, Karen Arnaiz, set for hearing on June 19, 2020 in Department 11A: TENTATIVE RULING: Karen Arnaiz (“Plaintiff”) presents her Motion for Right to Jury Trial of her cause of action for Violations of the Elder and Dependent Adult Civil Protection Act (Financial Elder Abuse). The motion is denied. Discussion.

  • Hearing

    Jun 17, 2020

ANGI V. CADITZ

The issue of jurisdiction to impose Watts damages for ouster is complicated in this case in that a tort cause of action for financial elder abuse has been asserted for the same ouster, which provides for enhanced remedies for forcibly depriving the elder spouse of his equal right to possession of the property. “The Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act) (Welf. & Inst. Code, § 15600 et seq.)

  • Hearing

    Jun 15, 2020

TOM SCHIFF VS YOLIES TOW

Yolie’s Tow argues that Plaintiff is attempting to “misuse” the Elder Abuse and Dependent Adult Civil Protection Act. Yolie’s Tow maintains that “[t]he Elder Abuse laws do not provide a blanket cause of action for any wrongdoing against somebody over the age of sixty-five.” Memo of Points & Authorities, page 6:20-21. Yolie’s Tow’s cites Hilliard v. Harbour (2017) 12 C.A.5th 1006 in support of its argument. Hilliard v.

  • Hearing

    Jun 01, 2020

ARSHAM MELKONIAN, ET AL. VS OPHC, LLC DBA OAKPARK HEALTHCARE CENTER, ET AL.

The Complaint asserts causes of action for: Elder Abuse and Neglect (pursuant to the Elder Abuse and Dependent Adult Civil Protection Act – Welf. & Inst. Code §§ 15600, et seq.); Negligence/Willful Misconduct; Wrongful Death; and Violation of Patients’ Bill of Rights (pursuant to Health & Safety Code § 1430).

  • Hearing

    Mar 19, 2020

FELICIA JEFFERSON, ET AL. VS CANTALOUPE HOLDINGS LLC , ET AL.

Plaintiffs alleges four causes of action in their operative Complaint: (1) dependent adult abuse pursuant to the Elder Adult and Dependent Adult Civil Protection Act, (2) willful misconduct, (3) negligence, and (4) violence of Patient’s Rights pursuant to Health and Safety Code section 1430. The Complaint also names Plum Healthcare Group, LLC, California Opco, LLC, GI Plum Holdings, LLC, GI Side Fund Plum Corp and Anton Novitsky as defendants in addition to Beachwood.

  • Hearing

    Mar 16, 2020

DAMARIS MONTOYA, ET AL. VS THE ORCHARD POST ACUTE CARE, ET AL.

Rather, Plaintiffs’ wrongful death claim is predicated on willful misconduct as defined in the Elder Abuse and Dependent Adult Civil Protection Act. Since Plaintiffs did not sign the Arbitration Agreements, they are third parties to the Agreements and cannot be compelled to arbitrate their wrongful death claim against Defendant. (See Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 647, 680-686.)

  • Hearing

    Mar 12, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

JOHN MILLER, ET AL. VS MARTIN D. GROSS, ET AL.

The Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, § 15600 et seq.) was enacted to provide for the “private, civil enforcement of laws against elder abuse and neglect” (Delaney v. Baker (1999) 20 Cal.4th 23, 33 [82 Cal. Rptr. 2d 610, 971 P.2d 986]). The statutory provisions are not limited to mentally incompetent or physically impaired elders, or persons of limited financial means. (Welf. & Inst. Code, §§ 15600, 15610.27, 15610.30.)

  • Hearing

    Mar 11, 2020

ALEXANDER CORDOVA VS SILVER LAKE MEDICAL CENTER ET AL

. --- Second Cause of Action (Dependent Adult Abuse) – Under the Elder and Dependent Adult Civil Protection Act (“EADACPA”), Welf. & Inst. Code §15600 et seq., a dependent adult is defined as any person residing in California between 18 and 64 who has physical or mental limitations that restrict his ability to carry out normal activities, protect his rights, or whose physical or mental abilities have diminished because of age. Welf. & Inst. Code §15610.23,(a).

  • Hearing

    Mar 06, 2020

CAIN V. MENDONSA

“The Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act) (Welf. & Inst. Code, § 15600 et seq.) [Footnote omitted.] was enacted in 1982 to “protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal.4th 23, 33, 82 Cal.Rptr.2d 610, 971 P.2d 986; accord, Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 779, 11 Cal.Rptr.3d 222, 86 P.3d 290.)

  • Hearing

    Mar 06, 2020

ARSHAM MELKONIAN, ET AL. VS OPHC, LLC DBA OAKPARK HEALTHCARE CENTER, ET AL.

The Complaint asserts causes of action for: Elder Abuse and Neglect (pursuant to the Elder Abuse and Dependent Adult Civil Protection Act – Welf. & Inst. Code §§ 15600, et seq.); Negligence/Willful Misconduct; Wrongful Death; and Violation of Patients’ Bill of Rights (pursuant to Health & Safety Code § 1430).

  • Hearing

    Feb 28, 2020

CHARLES BENJAMIN ET AL VS CITY OF DOWNEY ET AL

The Supreme Court reversed an appellate court ruling, holding that the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, § 15600 et seq.) does not apply unless the defendant health care provider had a substantial caretaking or custodial relationship, involving ongoing responsibility for one or more basic needs, with the elder patient.

  • Hearing

    Feb 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

DEDICATO TREATMENT CENTER, INC. VS MICHAEL D. ANDERSON

Demurrer to 3rd Cause of Action for Defendant Adult Abuse / Neglect In order to bring a claim for neglect under the Elder Abuse and Dependent Adult Civil Protection Act, [t]he plaintiff must allege . . . facts establishing that the defendant: (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care [citation] (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs [citation

  • Hearing

    Feb 25, 2020

ANDRE NEUMANN V. GISELA H. NEUMANN, ET AL.

Gisela’s cross-complaint also references a claim for elder abuse. The Elder Abuse and Dependent Adult Civil Protection Act is found at Welfare & Institutions Code Section 15600 et seq. and includes a myriad of potential civil actions that can be filed by allegedly abused elders.

  • Hearing

    Feb 24, 2020

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