What is financial elder abuse?

Useful Rulings on Financial Elder Abuse

Recent Rulings on Financial Elder Abuse

YANG NAM KIM VS KOREA SENIOR CITIZENS MUTUAL CLUB, A CALIFORNIA CORPORATION, ET AL.

Therefore, Plaintiff fails to sufficiently allege a cause of action for financial elder abuse. This motion is unopposed by Plaintiff. The demurrer is SUSTAINED with leave to amend as to the first cause of action. 2.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RAELENE M. RAMOS ET AL. V. LINDA J. BOWLBY, ET AL.

Plaintiffs’ complaint alleges causes of action for: (1) declaratory relief, (2) declaratory relief, (3) cancellation of instrument, (4) financial elder abuse, (5) rescission of instrument, (6) conversion, (7) quiet title, and (8) injunctive relief. Plaintiff Raelene M. Ramos and Defendant Linda J. Bowlby are sisters. Their father was John L. Hindmarsh (John or Decedent), who passed away on February 4, 2020 in San Luis Obispo County. Plaintiff Annastasia C.

  • Hearing

CAROL ANN HOWARD AS TRUSTEE OF THE ANDREW MILLS TRUST VS ALBENCE & ASSOCIATES APC

As against Defendant Albence & Associates, APC ("A&A"), Plaintiff's Third Amended Complaint ("TAC") states causes of action for 1) Declaratory Relief, 2) Legal Malpractice, 5) Breach of Fiduciary Duty, 6) Financial Elder Abuse, 7) Intentional Infliction of Emotional Distress, and 8) Gross Negligence. The same causes of action are also alleged against Defendant Christopher J. Albence, as well as a cause of action for 4) Notary Negligence.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CITY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION VS ALINA YALANSKA, IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF BARRY K. ROTHMAN, ET AL.

Rothman Revocable Trust (the “Trust”), filed a lawsuit against Banc of California (“Banc”) in the Banc Action, asserting causes of action for, inter alia, financial elder abuse and conversion. Mot. Ex. F. Yalanska’s counsel, R. Lance Belsome, Esq. (“Belsome”), filed a declaration on May 14, 2019 (“Belsome Declaration”) confirming Defendants have made little to no effort to collect the A/R or preserve its value following Rothman’s death. Id.

  • Hearing

IN RE: ESTHER BORJA IRREVOCABLE TRUST, DATED NOVEMBER 29, 2019

On October 14, 2020, Esther Borja (“Borja”) filed in this action her own Petition, which seeks termination of the Trust, interpretation of the duty report and to compel trustee to report, breach of fiduciary duty and removal of trustee, financial elder abuse, and Probate Code section 850 relief (the “Petition”).

  • Hearing

BUBONIC VS M & T BANK

Demurrer to the 1st COA: Financial Elder Abuse The demurrer is sustained with leave to amend. The allegations are too conclusory and lacking in well-pleaded facts. “The financial abuse provisions are, in part, premised on the Legislature’s belief that in being subject to the general rules of contract, financial agreements entered into by elders should be subject to special scrutiny.” (Hilliard v. Harbour (2017) 12 Cal.App.5th 1006, 1011.)

  • Hearing

GHODSIEH "VIDA" ROOZAFZAI, ET AL. VS FEREIDOUN CHAPARLI, ET AL.

Seventh Cause of Action: Financial Elder Abuse “Section 15610.30, subdivision (a), provides that financial abuse of an elder or dependent adult occurs where a person takes or assists in taking real or personal property of such an adult to a wrongful use or with an intent to defraud, or both.” (Wood v. Santa Monica Escrow Co. (2007) 151 Cal.App.4th 1186, 1189.) Elder Abuse must be alleged with specificity. (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 410.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

MARIA GONZALEZ VS SUNERGY SOLAR INC., ET AL.

The Complaint alleges two causes of action concerning fraud, and causes of action for intentional infliction of emotional distress, and financial elder abuse. Defendant Solar Mosaic, Inc. (“Mosaic”) now moves to compel arbitration of the matter. Gonzalez does not oppose the motion. Standard Code of Civil Procedure § 1281.2 governs petitions to compel arbitration. A party to an alleged arbitration agreement may file such a petition with the trial court.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

GEOFFREY BENNETT, AS ATTORNEY IN FACT FOR CLEAVES M. BENNETT, AND AS SUCCESSOR TRUSTEE OF THE CLEAVES M. BENNETT LIVING TRUST VS ELIZABETH CHAI-CHANG, ET AL.

Plaintiff alleges that Defendants engaged in the following conduct which constituted financial elder abuse: u On or about August 18, 2005, Defendants appropriated, obtained and retained Cleaves’ personal property consisting of $600,000.00 in principal, $10,000.00 in closing costs, and $789,838.00 in anticipated finance charges, through undue influence, by soliciting and inducing Cleaves to take out the Maui loan. (Complaint, ¶ 136.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DELGADILLO VS DELGADILLO

Accordingly, to state a cause of action against Gastelum for aiding and abetting financial elder abuse, Plaintiff must state facts to show that Gastelum knew that Alex’s conduct constituted a breach of duty owed to Plaintiff or that the object was to commit a financial elder abuse.

  • Hearing

STAMATIS STAMATOPOULOS VS ALEX YAMINI, ET AL.

The Complaint asserts causes of action for (1) violation of the Unruh Civil Rights Act, (2) wrongful eviction, (3) offering withdrawn rental units for rent within two years of withdrawal under the Ellis Act, (4) fraud, (5) negligent misrepresentation, and (6) financial elder abuse. The Complaint alleges in pertinent part as follows. In 1977, Plaintiff moved into an apartment located at 12337 Gorham Avenue, Los Angeles, California (Apartment). The Apartment is one of two units on the property (Property).

  • Hearing

ANNIE VOSKANIAN, ET AL. VS PATRICK ALEXANDER, ET AL.

Code § 15610.30(a).) Even though Grigorian alleges plaintiff Voskanian and defendants purchased the property intending for it to be a life estate for Grigorian, Grigorian does not allege the property was actually conveyed to her as a life estate in writing. As alleged, the defendants (including defendant Alexander against whom this cause of action is asserted) are the title holders of the property.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

MANUEL GARCIA, II VS JESUS FERNANDEZ, ET AL.

On May 29, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-20 for: Breach of Contract Intentional Misrepresentation Deceit Negligent Misrepresentation Financial Elder Abuse Unjust Enrichment On November 7, 2019, Defendants’ defaults were entered. A Case Management Conference and an Order to Show Cause Re: Failure to Proceed with Default Judgment are set for November 13, 2020.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

WARLIN V. SERVICE CORPORATION INTERNATIONAL, INC.

Janice’s Sixth Cause of Action Defendants next demur to the sixth cause of action for financial elder abuse as alleged by Janice. A financial elder abuse cause of action requires that the defendant “takes, secretes, appropriates, obtains, or retains real or personal property of an elder for a wrongful use or with intent to defraud, or both, as well as by undue influence.” (Paslay v. State Farm General Ins. Co. (2016) 248 Cal.App.4th 639, 798; Welf. & Inst. Code §15610.30(a)(1), (3).)

  • Hearing

IN THE MATTER OF COREY DZITZER

Petition to Determine Ownership of Real Property; Rental Income; for Double Damages; and for Financial Elder Abuse 3. OSC re Elder/Dependent Adult Financial Abuse ******************* The underlying matters were referred to mediation on 8/4/20. The Court intends to conduct a post-mediation status conference. Proposed Order to be lodged prior to hearing per Local Rule 10.00.D.1. __________________ The court discourages in-person appearances in Department J6 during the COVID-19 pandemic period.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

ERNIE GOLDBERGER ET. AL. VS. LEONARD NADELLE ET. AL.

D. 4th cause of action for elder abuse Financial elder abuse “occurs when a person or entity does any of the following: (1) [t]akes, secretes, appropriates, obtains, or retains real or personal property of an elder ... for a wrongful use or with intent to defraud, or both[;] [¶] (2) [a]ssists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder ... for a wrongful use or with intent to defraud, or both[; or] [¶] (3) [t]akes, secretes, appropriates, obtains, or retains

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

BRAD BARNHOLTZ VS DONNIE MASON

Defendant/Cross-Complainant relies on claims of financial elder abuse, rather than custodial elder abuse, and breach of fiduciary duty as former counsel. As a representative of the Estate of Linda Mason, Donnie Mason asserts standing to assert breach of fiduciary duty. Defendant/Cross-Complainant may continue to challenge the merits of the action. Nothing in the instant motion will serve as a basis for a determination on the merits of the claim.

  • Hearing

KENNETH KIM, ET AL. VS CALIFORNIA FAIR PLAN ASSOCIATION

Code §15610.30(a)(1).) The Court finds that Plaintiffs have not sufficiently alleged the claim. Plaintiffs allege that Kim was over 65 years old and that the denial and partial coverage of his claim was wrongful. However, under the grant deed only Park had an ownership interest in the property. Therefore, Plaintiffs have failed to allege that Kim had an insurable interest in the property.

  • Hearing

  • Type

    Insurance

  • Sub Type

    Intellectual Property

CECILIA SIERRA VS ALEJANDRA CUEVAS DE HERNANDEZ

Fourth Cause of Action (Financial Elder Abuse) – Cuevas argues that the claim alleged in vague and ambiguous, Plaintiff is not and was not the legal owner of the Property, and that that Plaintiff did not allege the elder abuse claim with particularity. Pursuant to Welf. & Inst.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MAHIN FARAHNIK VS PEACHTREE PARKWAY PROPERTIES, LLC, A BUSINESS ENTITY FORM UNKNOWN, ET AL.

Case No. 19SMCV02009 Motion: Motion to Compel Arbitration Hearing Date: 8/13/2020 BACKGROUND On November 15, 2019, Plaintiff Mahin Farahnik filed a complaint against Peachtree Parkway Properties, LLC; Starpoint Commercial Properties, LLC; Starpoint Properties, LLC; Bahman Farahnik, and Does 1 – 100 alleging (1) financial elder abuse; (2) fraud; (3) rescission; (4) breach of fiduciary duty; (5) declaratory relief; and (6) accounting. On January 16, 2020, Plaintiff dismissed Starpoint Properties, LLC.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

HARD VS PULIDO CLEANING & RESTORATION INC

On that basis, Plaintiffs allege the following causes of action: 1. breach of contract 2. negligence 3. fraud 4. on contractor's license bond 5. financial elder abuse Procedural Posture Defendants move to strike the punitive damages allegations from the complaint which are based upon the Fifth Cause of Action for Financial Elder Abuse and the Third Cause of Action for Fraud.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

LAWERENCE EBER VS VETERANS CARE COORDINATION, LLC., A MISSOURI LIMITED LIABILITY COMPANY, ET AL.

Plaintiff’s complaint includes causes of action for: Fraud (VCC, Sanchez, AVG); Fraud – Concealment (all defendants); Conspiracy to Defraud (all defendants); Breach of Fiduciary Duty (all defendants); Conversion (all defendants); Negligence (all defendants); Financial Elder Abuse (all defendants); Common Count for Money Had and Received (all defendants); Accounting and Imposition of Constructive Trust and/or Equitable Lien (all defendants); Declaratory Relief (all defendants).

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

PAUL SUGIONO, ET AL. VS TONY SUGIONO, ET AL.

Defendant asserts that Paul, along with Peter, have committed extreme acts of mental and financial elder abuse and made very serious and credible threats to kill their family members. The court finds that plaintiff has not met his burden of showing good cause. There has been no determination that defendants Tony and Lanny are required to make child support payments.

  • Hearing

VICTOR CHU VS JOEY YU, ET AL.

Financial Elder Abuse (1st Cause of Action against Michelle Yu) The elements of a cause of action under the Elder Abuse and Dependent Adults Act, Welfare and Institutions Code section 15600, et seq. (the “Act”) are statutory, and reflect the legislature’s intent to provide enhanced remedies to encourage private, civil enforcement of laws against elder abuse and neglect. (Intrieri v. Superior Court (2004) 117 Cal.App.4th 72, 82.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LUARTE, MARTIANO VS RAYMUNDO, DOLORES

David Duke fails to demonstrate the probable validity of his claim for financial elder abuse against Christopher Duke. Proof of general influence over a person is not enough; there must be proof that the influence was used to directly procure the instrument. In re Kreher’s Estate (1951) 107 Cal.App.2d 831, 839. Additionally, David must demonstrate undue influence by “clear and convincing” evidence – it must be highly probable that the challenged act was the result of undue influence.

  • Hearing

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