Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
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Trial Pleadings

Requests Court deny motion or, in the alternative, grant leave to amend because: contract cause of action and breach of merchantability warranty are not barred by statutes of limitations; plaintiffs allege sufficient facts to plead breach of good faith and fair dealing; plaintiffs plead requisite elements of financial elder abuse

Cal.Civ.Proc. Code §1856 and §1625 and Cal.Bus.&Prof. Code §7159 and §7159.10 and Cal.Civ. Code §1791.3 and §1792 and §1791.1(c) and Cal.Unif.Com. Code §2725 and §2725(1) and Cal.Welf.&Inst. Code §15610.30 and §15600(a), (b)

California
Other Materials

Requests Court use defendant's rather than Court's proposed modification of California Civil Jury Instruction 3905A because a jury must be instructed to find all elements of an elder abuse cause of action by clear and convincing evidence

Cal.Civ.JuryInst. (CACI)3905A and Cal.Welf&Inst. Code §15657 and Cal.Civ.Proc. §377.34

California
Trial Pleadings

Alleges violations of Elder and Dependent Adult Civil Protection Act and breach of fiduciary duty; requests compensatory damages, treble penalties, treble punitive and exemplary damages, prejudgment interest, restitution and disgorgement of profits, attorneys' fees

Cal.Welf.&Inst. Code §15600 et seq. and §15657 and §15657(a) and §15657.3(d) and §15657.5 and §15657.5(a) and §15610.27 and §15610.07 and §15610.30 et seq. and Cal.Prob. Code §16061.7 and §17005(a)(1) and §48 and Cal.Civ. Code §1575 and §3345 and §3294 and §3345 and §3345(b)

California
Other Materials

Argues statute of limitations reaches dates back to plaintiff's second fall because defendants' assessments and reassessments found plaintiff suitable for residency and cause of action did not accrue until plaintiff's legal counsel became aware plaintiff was not suitable and defendants' negligence caused injuries

Cal.Civ.Proc. Code §335.1 and §338 and §340.5 and §335.1 and §1352 and Cal.Welf.&Inst. Code §15657 and CACI 3100

California
Plaintiffs' Trial Brief, 2013, 22 pgs
Other Materials

Argues, as a result of defendants' representations, actions and omissions, plaintiffs lost their entire investment and are entitled to damages for legal malpractice, professional liability, breach of fiduciary duty and elder financial abuse

Cal.Const. art. IV, §8(c) and Cal.Civ. Code §11710(2) and Cal.Civ.Proc. Code §1335.1 and §340.6 and §340.6(a)(2) and §335.1 and §335.16 and Cal.Welf.&Inst. Code §15600 and §15610.30 and §15657.5 and §15657.6 and §15657.7

California
Trial Pleadings

Recommends Court place no limits in time on this cause of action, interest on damages, presumption of interest on loan, exemplary damages and punitive damages for financial elder abuse because the cause of action was postponed due to defendant's concealment and undue influence

Cal.Civ.Proc. Code §338(d) and §377.34 and Cal.Civ. Code §3288 and §3289(b) and §3287(a) and §1914 and §3294 and §3345 and §377.34 and §1575 and §3294 and Cal.Welf.&Inst. Code §15657.5 and §15610.30 and §15657.5 and §15657.6 and §15657.7

California
Trial Pleadings

Requests Court deny demurrer or, in the alternative, grant leave to amend because: plaintiff properly plead elder abuse neglect; prior case law includes elder abuse actions wherein defendants failed to prevent falls; violations of safety regulations constitute neglect under elder abuse act

Cal. Code Regs. tit. 22, §72311 and tit. 22, div. 6, ch. 8, §87457 and §87463 and §87464 and §87565 and §87466 and §87468 and Cal.Evid. Code §669 and Cal.Evid. Code §669(a)(3), (a)(4) and Cal.Welf.&Inst. Code §15600(h), (j) and §15610.57(a)(1), (b)(3)

California
Criminal Case Materials

Alleges: elder financial abuse; grand theft: forgery. Requests warrant for arrest (2013)

Penal Codes §368(e)(1) and §487(a) and §470(a) and §813 et seq

California
Criminal Case Materials

Requests Court deny motion to dismiss because defense fails to offer any compelling argument to set aside the charge (2013)

Penal Codes §995 and §368 and §368(b)(1)

California
Criminal Case Materials

Argues elder financial abuse and neglect. Requests court: exclude out-of-court statements; admit statements against party declarant; assess victim's mental state on issue basis; impose sanctions for Reciprocal Discovery failure; admit 911 recording and statements to police; exclude references to defendant's pending felony charge and victim's attorney's pending impeachment; order identification of medical record statements for admission and redaction; order defense jury instructions; admit testimony from conditional examination with edits and objections of unavailable witness; admit victim's spontaneous statements; impeach defendant for moral turpitude; object to witnesses without Discovery; allow support person to sit with victim at trial (2013)

Penal Codes §368 and §368(B)(1) and §368(c) and §868.5, and §1054 et seq and §1054.3 an d§1335_1345 and §12022.7(c) and CCP231(a) and Evidence Codes §240 and §701 and §702 and §1070 and §1200 and §1220 and §1237 and §1237(a)(3) and §1240 and §1250 and §1271 and §1280 and §1291 and §1345

California
Protective Order, 2013, 2 pgs
Criminal Case Materials

Court finds: requested documents restricted from disclosure; confidential information filed under seal; advance notification of intent to present confidential documents or information at trial; Order in force after dismissal or entry of final judgment; confidential documents returned to producing party 30 days after dismissal or entry of final judgment (2013)

California
Criminal Case Materials

Alleges: sexual battery of institutionalized victim; prior and present sex offense; prior serious felonies; prior strikes. Gives notice of intent to introduce evidence. Requests arrest warrant. Requests Defense Counsel provide materials and information (2013)

Penal Codes §243.4(b) and §667.6(a) and §667.6(a) and §667(a)(1) and §667(b)-(i) and §813 et seq and §1054.3 and §1054.5(b) and Evidence Code §1101(b)

California
Other Materials

Requests court: order conditional examination of alleged 96 year old theft victim/witness; authorize digitally videotaped testimony and transcript produced because victim unavailable for hearing and/or trial (2012)

Penal Codes §1335 et seq and §368(d) and §1336(a) and §1343

California
Trial Pleadings

Requests Court deny demurrer because plaintiffs' were given leave to amend cause of action for elder abuse and to substantiate claim for medical battery which requests punitive damages; requests, in the alternative, Court grant leave to amend and file a Second Amended Complaint

Cal.Civ. Code §1761(g), (g)(2) and §3345 and Cal.Civ.Proc. Code §422.10 and §589 and Cal.Welf.&Inst. Code §15600 et seq. and §15610.07 and §15610.17 and §15610.57 and §15657 and §15657.2

California
Trial Pleadings

Requests Court deny demurrer because plaintiff has pled sufficiently to support cause of action for neglect, recklessness and failure to provide medical care of an elderly/dependent adult and medical battery; requests, in the alternative, leave to amend and file a Third Amended Complaint

Cal.Civ.Proc. Code §422.10 and §589 and Cal.Welf.&Inst. Code §15600 et seq. and §15610.07 and §15610.17 and §15610.57 and §15657 and §15657.2

California
Other Materials

Argues Court must sustain demurrer without leave to amend because plaintiffs concede no duty existed and fail to plead with specificity: fraud, negligent misrepresentation, causation, conspiracy and/or elder abuse

Cal.Welf.&Inst. Code §15610.30

California
Other Materials

Argues Court must sustain demurrer without leave to amend because allegations lack specificity as to how, what, when and where false representations related to investment opportunities were made and plaintiffs concede defendants did not contact, communicate, interact, receive or appropriate any real or personal property from an elderly plaintiff

Cal.Welf.&Inst. Code §15610.30

California
Trial Pleadings

Requests Court sustain demurrer without leave to amend because no fiduciary relationship existed with the defendant and plaintiffs fail to support a cause of action for negligence, fraud, negligent misrepresentation, causation, conspiracy, accounting or elder financial abuse

Cal.Civ.Proc. Code §430.10(a), (e), (f) and Cal.Welf.&Inst. Code §15610.30

California
Trial Pleadings

Requests Court sustain demurrer without leave to amend because: defendants owed no duty to plaintiffs; plaintiffs have not alleged causes of action with particularity; plaintiffs fail to plead element of causation and reliance; plaintiffs have not plead sufficient facts to support conspiracy allegation; plaintiffs' cause of action for elder abuse fails as a matter of law

Cal.Civ.Proc. Code §430.10(e) and Cal.Welf.&Inst. Code §15610.30

California
Trial Pleadings

Requests Court sustain demurrer to causes of action for fraud, negligent misrepresentation, elder abuse and breach of covenant of good faith and fair dealing without leave to amend because amended complaint fails to meet allegations' pleading requirements

Cal.Civ.Proc. Code §430.10(e) and Cal.Welf.&Inst. Code §15610.30

California
Trial Pleadings

Requests Court grant motion or, in the alternative, summary adjudication as to wrongful death and elder abuse causes of action and punitive damages because there are no issues of material fact since nothing defendant did or failed to do caused or contributed to decedent's death and defendant is entitled to judgment

Cal.Civ. Code §3294(b) and Cal.Civ.Proc. Code §377.32 and §377.60 and §425.13 and §437(c) and Cal.Health& Safety Code §103550 and Cal.Welf.&Inst. Code §15610.57(a) and §15657 and §15600

California
Trial Pleadings

Requests Court deny motion or, in the alternative, adjudication because: negligence, wrongful death and elder abuse claims are not time-barred; decedent's death tolled statute of limitations; material facts demonstrate breaches of duty; material facts show breaches of compliance with applicable standard of care; material facts preclude judgment or adjudication

Cal.Civ.Proc. Code §335.1 and §338(a) and §340.5 and §352 and §437c(b)(1), (o)(1), (p)(2) and Cal.R.Ct. 3.1350(d) and Cal.Welf.&Inst. Code §15600 et seq.

California
Trial Pleadings

Requests Court grant Elder Abuse and Dependant Adult Civil Protection Act claim subject to nonsuit because: defendant did not deny or withhold goods or services rising to the level of recklessness; alleged violations of care only rise to the level of negligence; defendant did not ratify any misconduct

Cal.Welf.&Inst. Code §15657 and §15657(c) and §15657.2 and §15610.23(b) and Cal.Civ. Code §3333.2 and §3294 and §3294(b)

California
Trial Pleadings

Requests Court sustain demurrer without leave to amend second, third and fourth causes of action because: plaintiff fails to state facts sufficient to sustain a cause of action for abuse of a dependent adult; plaintiff fails to state sufficient facts to constitute a cause of action claim for willful misconduct; plaintiff's cause of action for negligence fails to state facts sufficient to constitute the claim

Cal.Civ.Proc. Code §425.13 and §430.10 and §430.10(e), (f) and §43.5(a) and §667.7 and §3333.1 and §3333.1(c)(2) and §3333.2 and Cal.Penal Code §240 and §245 and Cal.Welf.&Inst. Code §15600 and §15610.07 and §15610.63(a), (c), (d), (e), (f)(1), (f)(2), (3) and §15657 and §15657.2

California
Trial Pleadings

Recommends Court deny motion for punitive damages under first and third causes of action and grant enhanced remedies or, in the alternative, grant leave to amend because plaintiff's elder abuse cause of action arises from claims of negligence, willful misconduct and negligent infliction of emotional distress

Cal.Gov't Code §818 and Cal.Welf.&Inst. Code §15657 and §15657(a)-(c) and §15657.2 and §15600(j) and §15610.57 and Cal.Civ. Code §3294 and Cal.Civ.Proc. Code §425.13

California

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