New CA Court of Appeal Opinion Re: Financial Elder Abuse and Alleging a "Taking" of a Property Right
the California Court of Appeal, Second Appellate District, Division Four (Los Angeles) issued an opinion in Bounds v. The Superior Court of Los Angeles (Sept. 3, 2014, B254505) __ Cal.App.4th ___, analyzing an issue of first impression—“whether to allege a ‘taking’ of a property right under the [Elder Abuse and Dependent Adult Civil Protection Act], it is sufficient to plead that an elder has entered into an unconsummated agreement which, in effect, significantly impairs the value of the elder’s property, or whether the Act requires that the agreement have been performed and title have been conveyed. ” (Slip opn., p. 2.)
The Court of Appeal held that pleading significant impairment of the value of the elder’s property is sufficient within the meaning of the Act. (Slip opn., p. 3.) According to the court, “because property rights include, among other things, the right to use and sell property . . ., petitioners’ allegations that [the elderly widow] entered into an executory agreement which significantly impaired the value of the property owned by the Trust adequately pleads a ‘taking’ -- that is, adequately pleads that [the elderly widow] has been ‘deprived of [a] property right . . . by means of an agreement,’ within the meaning of section 15610.30, subdivision (c).’” (Ibid.)
Each of the firm's offices include partners, associates and a professional staff dedicated to meeting the challenge of providing the firm's clients with extraordinary service.
619.699.4922
