New CA Elder Abuse CaseAug 16, 2022
To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog I discuss a new civil case that was published last month.
In a Financial Elder Abuse action, last month the First District Court of Appeal addressed the issues of whether the plaintiff can obtain a pretrial right to attach order, and what amounts can be covered by such an order. A video discussing the case is above and my summary of the case is below.
New Elder Abuse Decision
Royals v. Lu (2022) _ Cal.App.5th _ , 2022 WL 2800956: The Court of Appeal reversed the trial court's order granting plaintiff's request for a pretrial right to attach order (RTAO) in the sum of $3,440,000 against defendant under section 15657.01 of the Elder Abuse and Dependent Adult Civil Protection Act (the Elder Abuse Act; Welfare & Institutions Code, section 15600 et. seq.) After plaintiff filed her petition, defendant filed a cross-petition. Both made competing claims of Elder Abuse against the other. A financial elder abuse claimant may obtain an attachment for potential compensatory damages and an award of attorney fees and costs associated with those damages, but only if the request for it complies with all applicable provisions of the statutory scheme governing pretrial attachments (the Attachment Law; Code of Civil Procedure, section 481.010 et. seq.). The Court of Appeal reversed the trial court, concluding that defendant's attachment application did not comply with four provisions of the Attachment Law. It was not (i) supported by competent evidence (id., section 482.040), (ii) did not on an attachable "amount" (id., section 484.020(b)), (iii) was not based on a claim upon which an attachment may be issued (id., section 484.020(a)), and (iv) was not measured by the defendant's claimed "indebtedness" to the plaintiff (id., section 483.015(a)(1)). Ruling on an issue of first impression, the Court of Appeal held that potential punitive damages and statutory penalties in a financial elder abuse claim may not be secured by the extraordinary remedy of a pretrial attachment. (C.A. 1st, July 18, 2022.)
Mediation, Arbitration and Referee Services
I help attorneys and their clients throughout California serving as a mediator, arbitrator and referee at ADR Services, Inc., handling business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death cases. I'm an expert in new California civil case law and using Zoom. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. To schedule a new matter, please contact my case manager at ADR services, Ins., Haward Cho, [email protected], (213) 683-1600.
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
California Case Summaries™
Lawyer Master Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
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