What is financial elder abuse?

Useful Rulings on Financial Elder Abuse

Recent Rulings on Financial Elder Abuse

DAVIS TRANSPORT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. VS CHRISTINE DAVIS

That motion indicates that plaintiffs propose to eliminate all causes of action to which the demurrer to the FAC is directed (intentional misrepresentation, negligent misrepresentation, financial elder abuse, and violation of Penal Code section 496), and to state a new cause of action for conversion. The Court notes that the motion is not yet scheduled for hearing, but that should it be granted, it would render the current motions moot.

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GLENN V. HAFT

Defendant demurs to Plaintiff’s third cause of action for financial elder abuse. Welfare and Institutions Code section 15610.30 provides that “financial elder abuse” occurs when a person or entity “[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. Code, § 15610.30, subd. (a)(1).)

  • Hearing

    Jul 10, 2020

HUYNH, ET AL. V. MISSION DE LA CASA NURSING AND REHABILITATION CTR., ET AL.

elder abuse.

  • Hearing

    Jul 09, 2020

STEVEN POWERS VS MARCOS VIVIAN, ET AL.

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 09, 2020

  • Type

    Real Property

  • Sub Type

    other

CENTERPOINTE TIC #1, LLC, ET AL. VS VEREIT, INC. FKA AMERICAN REALTY CAPITAL PROPERTIES, INC., ET AL.

.; EFA Asset Management, LLC, A Delaware Limited Liability Company; EFA Asset Management, LLC, an Arizona limited liability company; and DOES 1-20, inclusive for: (1) breach of contract (2) breach of fiduciary duty; (3) fraud; (4) constructive fraud; (5) negligence; (6) financial elder abuse; and (7) violation of Business and Professions Code section 17200.

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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

Drake contends that Brian’s actions constitute financial elder abuse because Brian has allegedly “appropriated and retained property of an elder for wrongful use.” (Complaint, ¶ 143.)

  • Hearing

    Jul 08, 2020

IGOR N. BERENBOIM VS OXANA KARPOV

Plaintiff alleges Defendant withdrew funds from Decedent’s bank accounts exceeding $25,000 and converted such funds with the intent to defraud in such a manner that constituted financial elder abuse. (FAC ¶¶ 8-10.) Put simply, Plaintiff’s claims are vague and conclusory, and while “ambiguities can be clarified under modern discovery procedures” (Khoury v.

  • Hearing

    Jul 06, 2020

KIMIKO LEITZ VS ARTHUR NATVIG DDS ET AL

Plaintiff argues that defendants’ fraudulent billing practice was, and is, substantially outside and below any medical/dental standard of care and presents issues of fact as to whether it constitutes financial elder abuse, in which case the remedies under Civil Code §3345 would become available.

  • Hearing

    Jul 02, 2020

LEONARD BLATT V. RENA FELICIA SMITH

“He is not, however, time barred from arguing undue influence by the Defendant as an individual in a cause of action for financial elder abuse.” [Opposition 7:4-6] But the primary right remains the same, the injury to decedent, not plaintiff. Decedent was only injured if his Trust were not valid because of defendant’s actions. The Trust could only be attacked in a short time frame.

  • Hearing

    Jun 30, 2020

FAYE PIERSON, ET AL. VS. JESUS DURAZO, ET AL.

Plaintiffs allege that Decedent transferred the property, in breach of this agreement, to the Reid Greer trust, which Plaintiffs contend was the result of financial elder abuse by Jesus Durazo ("Defendant"). Decedent died on or about November 15, 2017, resulting in the Reid Greer Living Trust dated December 30, 2015 ("Greer Trust") becoming irrevocable, with Durazo as the successor trustee.

  • Hearing

    Jun 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CAROLYN HIGGINS , ET AL. VS FOUQUETTE CORPORATION, A CALIFORNIA CORPORATION , ET AL.

Code, § 15657.7 [four-year statute of limitations for claim for financial elder abuse].) Defendants argue Plaintiffs allege the subject agreement for the sale of property was entered into on or about July 22, 2013, but Plaintiffs did not file their original complaint until February 21, 2019, almost six years later. (See FAC ¶ 22, Exh. A.)

  • Hearing

    Jun 30, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

(NO CASE NAME AVAILABLE)

procedural history Montano filed the Complaint on April 2, 2019, alleging seven causes of action: Financial Elder Abuse Negligence Violation of Cal. Civ. Code § 1694.4 Conversion Concealment Intentional Misrepresentation Aiding and Abetting a Fraud On December 4, 2019, this Court granted Montano’s Motion to Compel Discovery Responses and to Have Requests for Admission Deemed Admitted against Defendant Sandp.

  • Hearing

    Jun 30, 2020

RAMIREZ, ET AL. V. NATIONSTAR MORTGAGE LLC, ET AL.

As to Plaintiffs’ claim of financial elder abuse, Defendant contends that the evidence establishes “a default on the Loan” and that “the NOD and NOTS were decidedly not false.” The evidence is ambiguous and fails to prove that there was a default or that the NOD was accurate and complete. Lastly, Defendant challenges Plaintiffs’ final cause of action for violation of the UCL on the ground that there is no evidence of any unfair or unlawful business act by Defendant.

  • Hearing

    Jun 26, 2020

CHRISTINE LAROCQUE FRANZ VS ELIEZER APPEL, ET AL.

Fifth Cause of Action – Financial Elder Abuse Defendant Appel demurs to the fifth cause of action on the grounds the cause of action fails to state facts sufficient to constitute a claim for financial elder abuse and is uncertain. Specifically, Defendant Appel argues the fifth cause of action fails because the complaint does not allege that the subject property belonged to Plaintiff.

  • Hearing

    Jun 25, 2020

  • Type

    Real Property

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

RODNEY LEWIS V. MOKI DOORSTEP CORP., INC., ET AL.

The cause of action against all defendants unless otherwise noted are: 1) breach of joint venture agreement; 2) breach of fiduciary duty and related constructive trust; 3) constructive fraud; 4) fraudulent concealment; 5) fraud – intentional misrepresentation (Zachary and MDC); 6) aiding and abetting breach of fiduciary duty and fraud (MDC and Alyssa); 7) conspiracy; 8) financial elder abuse; 9) declaratory relief; 10) rescission; and 11) unjust enrichment and restitution.

  • Hearing

    Jun 23, 2020

CHARLES R. HART, JR, ET AL. VS URSULA CUDA, ET AL.

., alleging: (1) breach of fiduciary duty; (2) fraud; (3) conversion; and (4) financial elder abuse. Plaintiff Charles R. Hart Jr. (Plaintiff Hart) now moves for trial preference, pursuant to Code of Civil Procedure (CCP) section 36, subdivision (a).

  • Hearing

    Jun 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

KAREN ARNAIZ VS JOY LYNNETTE WORKMAN

While the court recognizes that the form of the Financial Elder Abuse Cause of Action and Prayer for Relief that are pled here are ones usually associated with a legal action (see Compl., ¶¶1, 2, 29, 41, 43-53; Prayer, ¶¶i, ii, iii), the court is not bound by this.

  • Hearing

    Jun 17, 2020

IN RE THE HAROLD JENNINGS REVOCABLE TRUST

While the court recognizes that the form of the Financial Elder Abuse Cause of Action and Prayer for Relief that are pled here are ones usually associated with a legal action (see Compl., ¶¶1, 2, 29, 41, 43-53; Prayer, ¶¶i, ii, iii), the court is not bound by this.

  • Hearing

    Jun 17, 2020

ANGI V. CADITZ

While the damages may be awarded as Watts damages in the Family Court proceeding, the Family Court will also have to resolve the issue of whether enhanced damages for financial elder abuse for the loss of use of the community residence should also be imposed.

  • Hearing

    Jun 15, 2020

DEBONNE VS DEBONNE HEARING RE: MOTION TO/FOR ATTORNEYS FEES AFTER TRIAL BY BERNARD JACQUES DEBONNE, DEBONNE ASSET MANAGEMENT LLC, DEBONNE PROPERTY MANAGEMENT INC

The purpose of this section was to encourage private attorneys to take on financial elder abuse cases. (See Mahan v. Charles W. Chan Ins. Agency, Inc. (2017) 14 Cal.App.5th 841, 859.) After a lengthy trial, this Court made extensive findings regarding Defendant Yann Debonne’s culpability.

  • Hearing

    Jun 05, 2020

TOM SCHIFF VS YOLIES TOW

Financial Elder Abuse Welfare & Institutions Code, section 15610.30 recognizes financial elder abuse.

  • Hearing

    Jun 01, 2020

IN RE THE ESTATE OF NARESH SAINI, DECEASED

Petition to Enforce Trust Terms, Compel Distribution of Trust Assets, Compel Deposit of Settlor’s Will with Court Clerk, Financial Elder Abuse, Disinheritance, Fraud, Conversion, Undue Influence, Unjust Enrichment, Removal, Return of Trust Property, Interest, Costs, Double Damages, Attorney’s Fees Opposition to Petition to Enforce Trust Terms, Compel Distribution of Trust Assets, Compel Deposit of Settlor’s Will with Court Clerk, Financial Elder Abuse, Disinheritance, Fraud, Conversion, Undue Influence, Unjust

  • Hearing

    May 27, 2020

JOANN SMITH V. THIRD DAY CHURCHES, INC., ET AL.

Plaintiff’s first cause of action for financial elder abuse is pled against all Defendants, including the Moving Parties. Moving Parties demur on the basis that this claim is uncertain and fails to state sufficient facts. (Code Civ. Proc., § 430.10(e), (f).)

  • Hearing

    Apr 29, 2020

TERESITA ALBA INDIVIDUALLY AND AS TRUSTEE OF THE TERESITA A. ALBA TRUST DATED NOVEMBER 1, 2016, VS H&O UNIQUE CONSTRUCTION, INC. A CALIFORNIA CORPORATION, ET AL.

The parties do not sufficiently brief the equitable considerations of enjoining, pending trial, a foreclosure sale that is based on a security interest that may have been obtained through financial elder abuse within the meaning of Welfare and Institutions Code section 15610.30(a)(1) and (2).[8] The parties also do not discuss the remedies that would apply to Alba’s financial elder abuse claim.

  • Hearing

    Apr 09, 2020

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 March 19, 2020.

  • Hearing

    Mar 19, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

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