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Alex C. Park [SBN 197781]
LAW OFFICES OF ALEX C. PARK
4675 Stevens Creek Blvd., Suite 100
Santa Clara, CA 95051
Phone (408) 246-1515
Fax (408) 246-4105
Attorneys for Eric Chan
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
UNLIMITED JURISDICTION
ERIC CHAN, an individual, ) Case No.
)
Plaintiff, ) COMPLAINT FOR ELDER ABUSE,
) UNDUE INFLUENCE, COVERSION AND
vs. ) ACCOUNTING
)
KATHRYN CHAN, as Financial Power of )
Attorney of Lucille C. Searle; and DOES 1 - 50, )
)
Defendants. )
)
PARTIES
1. Plaintiff ERIC CHAN, an individual and beneficiary of the Estate of Lucille Chan
Searle (“ERIC CHAN”) at all times mentioned herein was a resident in Santa Clara County,
California.
2. Defendant KATHRYN CHAN (“KATHRYN CHAN”) at all times mentioned
herein was acting as the Financial Power of Attorney of Lucille C. Searle and as Personal
Representative of the Estate of Lucille C. Searle before Superior Court located in Santa Clara
County, California.
3. Plaintiff is ignorant of the true names and capacities of defendants sued herein as
DOES 1 TO 50, inclusive, and therefore sues these defendants by such fictitious names.
Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.
Plaintiff is informed and believes, and on the basis of that information and belief alleges, that
each of the fictitiously named defendants is responsible in some manner for the occurrences
herein alleged, and that the harm Plaintiff suffered as herein alleged was proximately caused by
COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING
1the actions of these defendants.
4. Plaintiff is informed and believes, and on the basis of that information and belief
alleges, that at all times mentioned in this Complaint, Doe defendants were the agents,
representatives or employees of their co-defendants, and in doing the things alleged in this
Complaint were acting within the course and scope of that agency, representation or
employment.
JURISDICTION AND VENUE
5. Plaintiff brings this action asserting violations of California common and State
Law. All claims in this action arise out of the same controversy and events that took place in
Santa Clara County, California.
6. Venue is proper in this Court due to the fact that defendants have voluntarily
submitted to the jurisdiction to Superior Court located in Santa Clara County, California,
through the filing of probate actions here.
7. This Court has personal jurisdiction over the parties as all defendants have
voluntarily submitted to the jurisdiction to Superior Court located in Santa Clara County,
California.
8. By way of this action, Plaintiff seeks revocation of KATHRYN CHAN as
Financial Power of Attorney of Lucille C. Searle and the return of financial assets for costs
incurred by the Estate of Robert E. Searle and the Estate of Lucille C. Searle as a result of the
actions of KATHRYN CHAN. KATHRYN CHAN’s continuous and systemic wrongful
influence over Lucille C. Searle (‘AUNTIE LU”) took advantage of the drastic decline in the
mental capacity and dementia suffered by AUNTIE LU.
9. Defendants manipulated and exploited AUNTIE LU into appointing KATHRYN
CHAN with the Financial Power of Attorney of Lucille C. Searle, dated May 6, 2019, in order
to gain financial control over both the Estate of Robert E. Searle and Estate of AUNTIE LU for
her personal benefit.
GENERAL ALLEGATIONS
10. Robert E. Searle died in 2016 leaving AUNTIE LU as the beneficiary of his
estate. The probate of the Robert E. Searle estate is currently being administered in King
County Superior Court in the State of Washington, Cause No. 19-4-22711-4 SEA.
COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING
211. AUNTIE LU was married to Robert E. Searle during his lifetime. AUNTIE LU
and Robert E. Searle never had any children of their own but were survived by the siblings of
AUNTIE LU and the children and grandchildren of the siblings of AUNTIE LU.
12. On May 6, 2019 KATHRYN CHAN was appointed with the Financial Power of
Attorney of Lucile C. Searle with the signed authorization by AUNTIE LU. Due to the drastic
decline in her mental and cognitive deficiency resulting from diagnosed dementia, AUNTIE
LU was not capable of providing consent to the Appointment of Attorney-In-Fact on May 6,
2019 to provide KATHRYN CHAN with the Financial Power of Attorney of AUNTIE LU.
13. _ A letter prepared by the geriatric doctor of AUNTIE LU on April 8, 2020 stated
that AUNTIE LU was “incapacitated under generally accepted medical definition” due to her
progressively declining mental health. The letter prepared by the geriatric doctor further state
that AUNTIE LU resided “in a memory care unit” and she had “stopped being able to speak
around August of 2019. She stopped being able to walk in September 2019, and [as of April 8,
2020] used a wheelchair exclusively.” As of April 8, 2020, AUNTIE LU required “help for
bathing, dressing, toileting, eating, getting in an out of bed, and taking medications.”
14. The April 8, 2020 letter by the geriatric doctor stated that AUNTIE LU “lacked
the capacity to, among other things, properly provide for her own needs for physical health,
food, clothing, or shelter, to manage substantial her own financial resources, or to resist fraud
or undue influence.”
15. AUNTIE LU died on May 20, 2020. At her death, AUNTIE LU suffered from
advanced dementia and resided in an assisted living facility in California.
16. ERIC CHAN is an heir of AUNTIE LU. ERIC CHAN is the grandchild of the
brother of AUNTIE LU, Edward Chan, now deceased.
17. In 2013 AUNTIE LU became the primary caregiver to Robert E. Searle when he
became homebound because of his declining health. Over the course of the decline in health of
Robert E. Searle, AUNTIE LU refused to move her and Robert E. Searle to any assisted living
facility so Robert E. Searle was cared for at home by AUNTIE LU until his death.
18. In 2016 and 2017 ERIC CHAN lived with AUNTIE LU in her residence located
at 1247 Mercy Street, Mountain View, California. While living at the residence of AUNTIE
LU, ERIC CHAN assisted with the needs of AUNTIE LU and her household.
COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING
3FIRST CAUSE OF ACTION
(Financial Elder Abuse)
(Against All Defendants)
19. Plaintiff incorporates by this reference each and all of the allegations contained in
the previous paragraphs of this Complaint as though fully set forth herein.
20. Defendants manipulated and/or assisted in manipulating AUNTIE LU, an elder
and vulnerable adult, into executing a document transferring the Financial Power of Attorney
of AUNTIE LU, dated May 6, 2019, and assigning said control to KATHRYN CHAN. At the
time of signing the authorization of Financial Power of Attorney AUNTIE LU did not have the
mental capacity to authorize the assignment of power of attorney over her financial assets.
21. Defendants also manipulated and/or assisted in manipulating AUNTIE LU, an
elder and vulnerable adult, into releasing all financial decisions and control as well as health
decisions to Defendants.
22. By these actions, Defendants took, secreted, appropriated, obtained, and retains
control of all personal and real estate assets of AUNTIE LU, and/or her personal trust for the
wrongful use or with the intent to defraud, or both for the purpose of Defendants own personal
enrichment at the expense of the estate of AUNTIE LU.
23. Defendants knew or should have known that their conduct was harmful to
AUNTIE LU and the interests in her estate.
24. Defendants’ conduct deprived AUNTIE LU of her property rights to all of the real
estate and other personal assets owned by her.
25. Defendants knew or should have known that their conduct was directed toward a
senior citizen in AUNTIE LU. At the time of the alleged conduct by Defendants, AUNTIE LU
was substantially more vulnerable than other members of the public to Defendants’ conduct
because of her age, poor health or infirmity, and impaired understanding, deteriorating mental
capacity and the conduct of Defendants caused AUNTIE LU and her estate to suffer the loss of
major financial assets.
26. The conduct of Defendants therefore constitutes Financial Elder Abuse under
Welfare & Institutions Code § 15610.30.
COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING
4WHEREFORE, Plaintiff prays judgment against each defendant, as set forth
below.
SECOND CAUSE OF ACTION
(Undue Influence; Civil Code § 1575)
(Against All Defendants)
27. Plaintiff incorporates by this reference each and all of the allegations contained in
the previous paragraphs of this Complaint as though fully set forth herein.
28. Defendants held a special relationship of confidence and reliance with AUNTIE
LU. Among other things, Defendants directed her health and financial decisions and purported
to take part in her care.
29. Defendants manipulated and/or assisted in manipulating AUNTIE LU, an elder
and vulnerable adult, into executing a document transferring the Financial Power of Attorney
of AUNTIE LU, dated May 6, 2019, and assigning said control to KATHRYN CHAN. At the
time of signing the authorization of Financial Power of Attorney AUNTIE LU did not have the
mental capacity to authorize the assignment of power of attorney over her financial assets to
KATHRYN CHAN.
30. KATHRYN CHAN improperly prosecuted a restraining order against the heirs of
AUNTIE LU on behalf of the estate of AUNTIE LU.
31. By way of conduct described above, Defendants abused the confidence placed in
them by AUNTIE LU for the purpose of gaining an unfair advantage over her finances and
estate assets. Said advantage was designed to obtain title to her real and personal property and
financial assets.
32. Defendants also took advantage of AUNTIE LU’s diminished mental state to
obtain benefits for themselves, including but not limited to obtaining the Financial Power of
Attorney over AUNTIE LU and taking control over the real and personal property and
financial assets owned by AUNTIE LU and her estate and wasting the assets of AUNTIE LU
for the benefit of Defendants.
33. The conduct of Defendants constitute Undue Influence pursuant to Civil Code §
1575.
WHEREFORE, Plaintiff prays judgment against each defendant, as set forth
COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING
5below.
THIRD CAUSE OF ACTION
(Conversion)
(Against All Defendants)
34, Plaintiff incorporates by this reference each and all of the allegations contained in
the previous paragraphs of this Complaint as though fully set forth herein.
35. At the time of appointing KATHRYN CHAN as the Financial Power of Attorney
of AUTNIE LU on May 6, 2019, the control of all real estate, personal property and financial
assets of AUNTIE LU were improperly provided to Defendants.
36. Defendants wrongfully took control of all real estate, personal property and
financial assets of AUNTIE LU and her estate for their personal benefit.
37. The conduct of Defendants constitute conversion pursuant to California law.
WHEREFORE, Plaintiff prays judgment against each defendant, as set forth below.
FOURTH CAUSE OF ACTION
(Accounting)
(Against All Defendants)
38. Plaintiff incorporates by this reference each and all of the allegations contained in
the previous paragraphs of this Complaint as though fully set forth herein.
39. KATHRYN CHAN was improperly appointed with the Financial Power of
Attorney of AUNTIE LU on May 6, 2019 which improperly provided KATHRYN CHAN with
the control of all real estate, personal property and financial assets of AUNTIE LU and her
estate.
40. KATHRYN CHAN improperly pursued lawsuits on behalf of the estate of
AUNTIE LU and expended payments for legal fees and administrative expenses in preparation
for and prosecution of the lawsuits filed on behalf of the estate of AUNTIE LU.
41. KATHRYN CHAN improperly transferred the assets of AUNTIE LU to the
detriment of the value of the estate of AUNTIE LU.
42. KATHRYN CHAN had absolute and complete control of the accounting for all
teal estate, personal property and financial assets of AUNTIE LU.
43. KATHRYN CHAN failed to provide to the heirs an accounting of the accurate
COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING
6records of the real estate, personal property and financial assets of AUNTIE LU.
44. It was the obligation of KATHRYN CHAN as assignee of the Financial Power of
Attorney for AUNTIE LU to avoid waste of the assets of the estate of AUNTIE LU.
45. It was the obligation of KATHRYN CHAN to accurately account for all real
estate, personal property and financial assets of AUNTIE LU.
46. A full and final accounting of all costs incurred by KATHRYN CHAN and
charged to the estate of AUNTIE LU must be provided to Plaintiff and the beneficiaries of the
Estate of AUNTIE LU.
47. Plaintiff requires a full accounting of all costs and asset sales made by
KATHRYN CHAN while acting as appointed Financial Power of Attorney of AUNTIE LU.
WHEREFORE, Plaintiff prays judgment against defendant, as set forth below.
PRAYER
WHEREFORE, PLAINTIFF demands judgment against defendants as follows:
1. Order to remove KATHRYN CHAN as Financial Power of Attorney of AUNTIE LU;
2. Order to return all financial assets of the estate of AUNTIE LU authorized for transfer or
payment of costs by KATHRYN CHAN;
3. For general and special damages against Defendants according to proof;
4. For restitution and treble damages pursuant to Civil Code §3345;
5. Award attorneys’ fees and costs against Defendants pursuant to Welfare & Institutions
Code § 15657.5 or as otherwise provided for by law;
6. For an accounting of all charges incurred by the estate of AUNTIE LU and authorized
for payment by KATHRYN CHAN;
7. For costs and expenses incurred herein; and
8. For such other appropriate relief as authorized by law or by equity the court may deem
proper.
Dated: September 29, 2020 LAW OFFICES OF ALEX C. PARK
lie c- Pate
By: Alex C. Park, Attorney for Plaintiff
COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING
7
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Alex C. Park [SBN 197781] LAW OFFICES OF ALEX C. PARK 4675 Stevens Creek Blvd., Suite 100 Santa Clara, CA 95051 Phone (408) 246-1515 Fax (408) 246-4105 Attorneys for Eric Chan SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION ERIC CHAN, an individual, ) Case No. ) Plaintiff, ) COMPLAINT FOR ELDER ABUSE, ) UNDUE INFLUENCE, COVERSION AND vs. ) ACCOUNTING ) KATHRYN CHAN, as Financial Power of ) Attorney of Lucille C. Searle; and DOES 1 - 50, ) ) Defendants. ) ) PARTIES 1. Plaintiff ERIC CHAN, an individual and beneficiary of the Estate of Lucille Chan Searle (“ERIC CHAN”) at all times mentioned herein was a resident in Santa Clara County, California. 2. Defendant KATHRYN CHAN (“KATHRYN CHAN”) at all times mentioned herein was acting as the Financial Power of Attorney of Lucille C. Searle and as Personal Representative of the Estate of Lucille C. Searle before Superior Court located in Santa Clara County, California. 3. Plaintiff is ignorant of the true names and capacities of defendants sued herein as DOES 1 TO 50, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes, and on the basis of that information and belief alleges, that each of the fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that the harm Plaintiff suffered as herein alleged was proximately caused by COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING 1the actions of these defendants. 4. Plaintiff is informed and believes, and on the basis of that information and belief alleges, that at all times mentioned in this Complaint, Doe defendants were the agents, representatives or employees of their co-defendants, and in doing the things alleged in this Complaint were acting within the course and scope of that agency, representation or employment. JURISDICTION AND VENUE 5. Plaintiff brings this action asserting violations of California common and State Law. All claims in this action arise out of the same controversy and events that took place in Santa Clara County, California. 6. Venue is proper in this Court due to the fact that defendants have voluntarily submitted to the jurisdiction to Superior Court located in Santa Clara County, California, through the filing of probate actions here. 7. This Court has personal jurisdiction over the parties as all defendants have voluntarily submitted to the jurisdiction to Superior Court located in Santa Clara County, California. 8. By way of this action, Plaintiff seeks revocation of KATHRYN CHAN as Financial Power of Attorney of Lucille C. Searle and the return of financial assets for costs incurred by the Estate of Robert E. Searle and the Estate of Lucille C. Searle as a result of the actions of KATHRYN CHAN. KATHRYN CHAN’s continuous and systemic wrongful influence over Lucille C. Searle (‘AUNTIE LU”) took advantage of the drastic decline in the mental capacity and dementia suffered by AUNTIE LU. 9. Defendants manipulated and exploited AUNTIE LU into appointing KATHRYN CHAN with the Financial Power of Attorney of Lucille C. Searle, dated May 6, 2019, in order to gain financial control over both the Estate of Robert E. Searle and Estate of AUNTIE LU for her personal benefit. GENERAL ALLEGATIONS 10. Robert E. Searle died in 2016 leaving AUNTIE LU as the beneficiary of his estate. The probate of the Robert E. Searle estate is currently being administered in King County Superior Court in the State of Washington, Cause No. 19-4-22711-4 SEA. COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING 211. AUNTIE LU was married to Robert E. Searle during his lifetime. AUNTIE LU and Robert E. Searle never had any children of their own but were survived by the siblings of AUNTIE LU and the children and grandchildren of the siblings of AUNTIE LU. 12. On May 6, 2019 KATHRYN CHAN was appointed with the Financial Power of Attorney of Lucile C. Searle with the signed authorization by AUNTIE LU. Due to the drastic decline in her mental and cognitive deficiency resulting from diagnosed dementia, AUNTIE LU was not capable of providing consent to the Appointment of Attorney-In-Fact on May 6, 2019 to provide KATHRYN CHAN with the Financial Power of Attorney of AUNTIE LU. 13. _ A letter prepared by the geriatric doctor of AUNTIE LU on April 8, 2020 stated that AUNTIE LU was “incapacitated under generally accepted medical definition” due to her progressively declining mental health. The letter prepared by the geriatric doctor further state that AUNTIE LU resided “in a memory care unit” and she had “stopped being able to speak around August of 2019. She stopped being able to walk in September 2019, and [as of April 8, 2020] used a wheelchair exclusively.” As of April 8, 2020, AUNTIE LU required “help for bathing, dressing, toileting, eating, getting in an out of bed, and taking medications.” 14. The April 8, 2020 letter by the geriatric doctor stated that AUNTIE LU “lacked the capacity to, among other things, properly provide for her own needs for physical health, food, clothing, or shelter, to manage substantial her own financial resources, or to resist fraud or undue influence.” 15. AUNTIE LU died on May 20, 2020. At her death, AUNTIE LU suffered from advanced dementia and resided in an assisted living facility in California. 16. ERIC CHAN is an heir of AUNTIE LU. ERIC CHAN is the grandchild of the brother of AUNTIE LU, Edward Chan, now deceased. 17. In 2013 AUNTIE LU became the primary caregiver to Robert E. Searle when he became homebound because of his declining health. Over the course of the decline in health of Robert E. Searle, AUNTIE LU refused to move her and Robert E. Searle to any assisted living facility so Robert E. Searle was cared for at home by AUNTIE LU until his death. 18. In 2016 and 2017 ERIC CHAN lived with AUNTIE LU in her residence located at 1247 Mercy Street, Mountain View, California. While living at the residence of AUNTIE LU, ERIC CHAN assisted with the needs of AUNTIE LU and her household. COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING 3FIRST CAUSE OF ACTION (Financial Elder Abuse) (Against All Defendants) 19. Plaintiff incorporates by this reference each and all of the allegations contained in the previous paragraphs of this Complaint as though fully set forth herein. 20. Defendants manipulated and/or assisted in manipulating AUNTIE LU, an elder and vulnerable adult, into executing a document transferring the Financial Power of Attorney of AUNTIE LU, dated May 6, 2019, and assigning said control to KATHRYN CHAN. At the time of signing the authorization of Financial Power of Attorney AUNTIE LU did not have the mental capacity to authorize the assignment of power of attorney over her financial assets. 21. Defendants also manipulated and/or assisted in manipulating AUNTIE LU, an elder and vulnerable adult, into releasing all financial decisions and control as well as health decisions to Defendants. 22. By these actions, Defendants took, secreted, appropriated, obtained, and retains control of all personal and real estate assets of AUNTIE LU, and/or her personal trust for the wrongful use or with the intent to defraud, or both for the purpose of Defendants own personal enrichment at the expense of the estate of AUNTIE LU. 23. Defendants knew or should have known that their conduct was harmful to AUNTIE LU and the interests in her estate. 24. Defendants’ conduct deprived AUNTIE LU of her property rights to all of the real estate and other personal assets owned by her. 25. Defendants knew or should have known that their conduct was directed toward a senior citizen in AUNTIE LU. At the time of the alleged conduct by Defendants, AUNTIE LU was substantially more vulnerable than other members of the public to Defendants’ conduct because of her age, poor health or infirmity, and impaired understanding, deteriorating mental capacity and the conduct of Defendants caused AUNTIE LU and her estate to suffer the loss of major financial assets. 26. The conduct of Defendants therefore constitutes Financial Elder Abuse under Welfare & Institutions Code § 15610.30. COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING 4WHEREFORE, Plaintiff prays judgment against each defendant, as set forth below. SECOND CAUSE OF ACTION (Undue Influence; Civil Code § 1575) (Against All Defendants) 27. Plaintiff incorporates by this reference each and all of the allegations contained in the previous paragraphs of this Complaint as though fully set forth herein. 28. Defendants held a special relationship of confidence and reliance with AUNTIE LU. Among other things, Defendants directed her health and financial decisions and purported to take part in her care. 29. Defendants manipulated and/or assisted in manipulating AUNTIE LU, an elder and vulnerable adult, into executing a document transferring the Financial Power of Attorney of AUNTIE LU, dated May 6, 2019, and assigning said control to KATHRYN CHAN. At the time of signing the authorization of Financial Power of Attorney AUNTIE LU did not have the mental capacity to authorize the assignment of power of attorney over her financial assets to KATHRYN CHAN. 30. KATHRYN CHAN improperly prosecuted a restraining order against the heirs of AUNTIE LU on behalf of the estate of AUNTIE LU. 31. By way of conduct described above, Defendants abused the confidence placed in them by AUNTIE LU for the purpose of gaining an unfair advantage over her finances and estate assets. Said advantage was designed to obtain title to her real and personal property and financial assets. 32. Defendants also took advantage of AUNTIE LU’s diminished mental state to obtain benefits for themselves, including but not limited to obtaining the Financial Power of Attorney over AUNTIE LU and taking control over the real and personal property and financial assets owned by AUNTIE LU and her estate and wasting the assets of AUNTIE LU for the benefit of Defendants. 33. The conduct of Defendants constitute Undue Influence pursuant to Civil Code § 1575. WHEREFORE, Plaintiff prays judgment against each defendant, as set forth COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING 5below. THIRD CAUSE OF ACTION (Conversion) (Against All Defendants) 34, Plaintiff incorporates by this reference each and all of the allegations contained in the previous paragraphs of this Complaint as though fully set forth herein. 35. At the time of appointing KATHRYN CHAN as the Financial Power of Attorney of AUTNIE LU on May 6, 2019, the control of all real estate, personal property and financial assets of AUNTIE LU were improperly provided to Defendants. 36. Defendants wrongfully took control of all real estate, personal property and financial assets of AUNTIE LU and her estate for their personal benefit. 37. The conduct of Defendants constitute conversion pursuant to California law. WHEREFORE, Plaintiff prays judgment against each defendant, as set forth below. FOURTH CAUSE OF ACTION (Accounting) (Against All Defendants) 38. Plaintiff incorporates by this reference each and all of the allegations contained in the previous paragraphs of this Complaint as though fully set forth herein. 39. KATHRYN CHAN was improperly appointed with the Financial Power of Attorney of AUNTIE LU on May 6, 2019 which improperly provided KATHRYN CHAN with the control of all real estate, personal property and financial assets of AUNTIE LU and her estate. 40. KATHRYN CHAN improperly pursued lawsuits on behalf of the estate of AUNTIE LU and expended payments for legal fees and administrative expenses in preparation for and prosecution of the lawsuits filed on behalf of the estate of AUNTIE LU. 41. KATHRYN CHAN improperly transferred the assets of AUNTIE LU to the detriment of the value of the estate of AUNTIE LU. 42. KATHRYN CHAN had absolute and complete control of the accounting for all teal estate, personal property and financial assets of AUNTIE LU. 43. KATHRYN CHAN failed to provide to the heirs an accounting of the accurate COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING 6records of the real estate, personal property and financial assets of AUNTIE LU. 44. It was the obligation of KATHRYN CHAN as assignee of the Financial Power of Attorney for AUNTIE LU to avoid waste of the assets of the estate of AUNTIE LU. 45. It was the obligation of KATHRYN CHAN to accurately account for all real estate, personal property and financial assets of AUNTIE LU. 46. A full and final accounting of all costs incurred by KATHRYN CHAN and charged to the estate of AUNTIE LU must be provided to Plaintiff and the beneficiaries of the Estate of AUNTIE LU. 47. Plaintiff requires a full accounting of all costs and asset sales made by KATHRYN CHAN while acting as appointed Financial Power of Attorney of AUNTIE LU. WHEREFORE, Plaintiff prays judgment against defendant, as set forth below. PRAYER WHEREFORE, PLAINTIFF demands judgment against defendants as follows: 1. Order to remove KATHRYN CHAN as Financial Power of Attorney of AUNTIE LU; 2. Order to return all financial assets of the estate of AUNTIE LU authorized for transfer or payment of costs by KATHRYN CHAN; 3. For general and special damages against Defendants according to proof; 4. For restitution and treble damages pursuant to Civil Code §3345; 5. Award attorneys’ fees and costs against Defendants pursuant to Welfare & Institutions Code § 15657.5 or as otherwise provided for by law; 6. For an accounting of all charges incurred by the estate of AUNTIE LU and authorized for payment by KATHRYN CHAN; 7. For costs and expenses incurred herein; and 8. For such other appropriate relief as authorized by law or by equity the court may deem proper. Dated: September 29, 2020 LAW OFFICES OF ALEX C. PARK lie c- Pate By: Alex C. Park, Attorney for Plaintiff COMPLAINT FOR ELDER ABUSE, UNDUE INFLUENCE, CONVERSION AND ACCOUNTING 7