Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
YYYY
YYYY
Showing results 226 - 250 of 1553
Other Materials

Argues breach of standard of care or negligently provided care are insufficient to establish a case of neglect, do not support an elder abuse claim based on fraud, do not meet burden of proof to establish liability and causation for elder abuse damages

Cal.Bus.&Prof. Code §500 and Cal. Health & Safety Code §1440 and §1200 and §1250 and §1250.2 and §1250.3 and Cal.Civ. Code §3333.1 and §3333.1(a) and §3333.2 and §3333.2(b) and §3294 and §3294(b) and Cal.Civ.Proc. Code §667.7 and §425.13 and Cal.Welf.&Inst. Code §15610.07 and §15610.17 and § 15610.63 and §15610.57 and §15657 and §15610.57(b)(2) and §15657(c) and §15657.2

California
Criminal Case Materials

Requests court issue: temporary order freezing identified funds; temporary order restraining transfer; encumberment or hypothecation of identified property; order freezing identified funds and refusing access, delivery or payment of funds, checks, notes or instruments requiring account payment by defendant or third parties until court appoints a receiver; order for inventory and storage of identified items by San Jose Police Department; temporary order upon conviction in this case that all costs for executing and maintaining orders be part of restitution at sentencing; temporary order restraining defendant and third parties from transferring, encumbering, hypothecating or otherwise disposing of any identified property and any assets unknown to plaintiff (2012)

Penal Codes §186.11(e)(2) and §186.10(a) and §186.10©(a) and §186.11(a)(1) and §186.11(a)(1)(3) and §368(d) and §484e(d) and §667.5(b) and §1203.045 and §12022.6(a)(2)

California
Trial Pleadings

Requests Court sustain demurrer without leave to amend because: petition for writ of mandate is not ripe for adjusication; fraud, negligent misrepresentation and elder abuse causes of action constitute an impermissible estoppel action; there are insufficient facts alleged to support any of the three substantive causes of action; the three substantive causes of action are subject to enactment/permit/ discretionary immunity; the fraud and negligent misrepresentation claims are subject to immunity

Cal.Civ. Code §1094.5 and §1572(2) and §1710 and §1710(2) and Cal.Civ.Proc. Code §430.10(a), (e) and §430.30(a) and Cal.Gov't Code §815.2(b) and §818.2 and §818.4 and §818.8 and §821.2 amd §822.2 and §65906 and Cal.Welf.&Inst. Code §15600 and §15610.27 and §15610.30 and §15610.30(a), (b)(2) and §15657.5

California
Criminal Case Materials

Requests Court determine: whether elderly adult victim of theft and attempted theft is called as a witness; whether a video recording is admitted as non-hearsay evidence of the victim's mental state during events in question; whether victim appears as an exhibit to evaluate mental impairment (2011)

Penal Codes §368(d) and §368(d)(664) and Evidence Codes §700 and §701 and §702

California
Felony Complaint, 2010, 3 pgs
Motions in Limine

Alleges: false tax return filed in 2006; false tax return filed in 2007; failure to file income tax return January 1, 2008, through April 15, 2009. Requests Defense Counsel provide Discovery (2010)

Revenue and Taxation Codes ?§19705(a) and §19706; Penal Codes §1054.2 and §1054.3 and §1054.5(6)

California
Information, 2010, 6 pgs
Indictments & Informations

Charges: grand theft of personal property; theft from elder or dependent adult; sale of securities without qualification or exemption; misrepresentation or omission in sale of a security; sale of securities by an unlicensed broker-dealer. Requests Defendant and Defendant's Attorney provide Discovery (2010)

Penal Codes §12022.6(a)(2) and §1203.045(a) and §487(a) and §368(d) and §1054.5(b) and §1054.3 and §1054.2 and Corporations Codes §25110 and §25401 and §25210

California
Trial Pleadings

Requests Court overrule demurrer in its entirety because plaintiff has sufficiently alleged a cause of action for financial elder abuse and the fraudulent transfer causes of action are ripe for adjudication; requests, in the alternative, leave to amend should Court sustain demurrer as to any cause of action

Cal.Welf&Inst. Code §15610.30 and §15610.30(a) and Cal.Civ. Code §3439.02 and §3439.01(b), (c) amd §3439.05 and §3439.07(a), (b), (c) and §3439.04 and §14 and §953 and §663 and Cal.Civ.Proc. Code §452 and §472d

California
Trial Pleadings

Requests Court overrule demurrer in its entirety because plaintiff fails to state sufficient facts to constitute a cause of action and case is not ripe for adjudication

(Intentionally Left Blank)

California
Trial Pleadings

Requests Court dismiss Third Cause of Action without leave to amend because Plaintiff cannot assert financial elder abuse claim with respect to either 1987 transfer of real property or 1998 Amended Partnership Agreement

Cal.Welf.&Inst. Code §15610.30(a), (c), (d) and §15657.7 and Cal.Corp. Code §16701(b)

California
Trial Pleadings

Recommends Court sustain demurrers because: defendants are immune from liability; county employees are entitled to discretionary immunity; plaintiffs fail to allege sufficient facts for elder abuse cause of action; plaintiffs fail to plead constitutional law claims; plaintiffs fail to state cause of action for an order conveying property to a claimant; cause of action for accounting and cause of action for conversion are the subject of ongoing litigation

Cal.Civ.Proc. Code §430 and Cal.R.Ct. §2.112 and Cal.Civ. Code §47 and §51 and §52 and Cal.Gov't Code §810 and §811.4 and §815.2(b) and §818 and §820 and Cal.Prob. Code §850 and §855 and §856 and §859 and Cal.Welf.&Inst. Code §15610

California
Trial Pleadings

Requests Court sustain demurrer without leave to amend because: plaintiff fails to state cause of action for dependant adult abuse; plaintiff fails to state cause of action for intentional or negligent infliction of emotional distress; plaintiff fails to allege facts sufficient to state a cause of action for wilful misconduct allegation or for negligent misrepresentation; cause of action for defamation is time-barred; redundant causes of action are duplicative of facts and basis for negligence

Cal.Bus.&Prof. Code §2051 and Cal. Code Regs. tit.22, div. 5, §70201 and Cal.Civ. Code §47 and §1710(2) and §3294 and Cal.Civ.Proc. Code §340 and §430.10 and Penal Code §11160 and §11161.8 and §11161.9 and Prob. Code §4615 and Cal.Welf.&Inst. Code §15600 and §15610.17 and §15610.57 and §15634 and §15657 and §15657.2

California
Trial Pleadings

Requests Court sustain demurrer without leave to amend because plaintiff fails to allege elements essential to causes of action for elder abuse/negelct, willful misconduct and negligence

Cal.Civ.Proc. Code §430.10(e), (f) and §430.50 and Cal. Health & Safety Code §1569 et seq. and Cal.Welf.&Inst. Code §15600 et seq. and §15610.17 and §15657 and §15610.30 and §15610 et seq. and §15610.57 and §15657.2 and §15657(c) and Cal. Code Regs. tit. 22 and Cal.Civ. Code §3294 and §3294(b), (c)

California
Trial Pleadings

Recommends Court grant motion and order new trial as to financial elder abuse claim and damages because: an error on the Special Verdict Form resulted in a miscarriage of justice; plaintiff's evidence failed to support jury verdict; jury's economic damages award was excessive

Cal.Const. art VI, §13 and Cal.Civ. Code §1575 and Cal.Civ.Proc. §475, §657, §647, §662.5 and Cal.Welf.&Inst. Code §15610.30, §15610.07(a), §15600

California
Criminal Case Materials

Defendant charged with abuse/endangerment of dependent adult and rape of person incapable of giving legal consent; alleges prior felony convictions and possible prior 'strike' offense; lists anticipated exhibits for use at trial; lists anticipated witnesses to be called at trial; requests anticipated matters be addressed at trial; requests anticipated limitations of Defense Counsel and/or Defendant (2010)

Penal Codes§69 and§118 and§148.9 and§242 and§245(a)(1) and§261(a)(1) and§293 and§368(b)(1) and§368(h) and§459 and§487(c) and§488 and California Evidence Codes§352 and§402 and§782 and§785 and§1101 and§1102 and§1109 and§1220 and§1230 and§1240 and§1241 and§1250 and§1251 and§1253 and§1290

California
Criminal Case Materials

Affirms: rape; criminal threats; burglary; elder abuse. Requests videotaped conditional examination bedside, concurrent with trial testimony, of 60 year old victim disabled by Parkinson's Disease (2010)

Penal Codes §1335 et seq and §261 and §422 and §459 and §368(h) and §368 (6)(1) and §1138 and §1343 and §1345 and §1339 and Health and Safety Code Sections 1192.7(c) and 11351 and 11352 and 11378 and 11379 and Civil Procedure Code §2015.5 and California Rules of Court 980(c) and Evidence Code §240

California
Criminal Case Materials

Alleges: psychotropic medications ordered without psychotic indications resulted in neglect and assault of elderly healthcare facility residents; authorization of psychotropic medications without assessment or monitoring of elderly residents' conditions resulted in abuse and neglect. Requests arrest warrants (2009)

Penal Codes §368(b)(1) and §245

California
Felony Complaint, 2009, 6 pgs
Criminal Case Materials

Alleges: eight counts of elder abuse resulting in death; two counts of assault with a deadly weapon (2009)

Penal Codes §368(b)(1) and §368(b)(2) and §368(b)(3) and §245(a)(1) and 1192.7(c)

California
Criminal Case Materials

Requests court deny defendant's motion to dismiss because: burden of proof was satisfied at the preliminary hearing; she was hospital administrator during the time of alleged elder or dependent adult abuse, alleged elder or dependent adult abuse with great bodily harm, alleged elder or dependent adult abuse resulting in death, alleged assault with a deadly weapon; she permitted victims to suffer, be injured or endangered under circumstances or conditions likely to produce great bodily harm or death; she was criminally negligent in failing to uphold her duty to control another defendant (2009)

Penal Codes §995 and §368(b)(1) and §368(b)(2) and §368(b)(3) and §245(a)(1) and CALCRIM 830

California
Criminal Case Materials

Requests court deny motion to set aside information because evidence supports possibility defendants conspired to neglect, abuse and kill elderly dependent adult (2008)

California
Criminal Case Materials

Requests Court not set aside information because circumstantial evidence supports magistrate's conclusion defendants, as caregivers: acted with depraved indifference and malice; conspired; neglected; abused and murdered the 92 year old victim. Requests jury determine value of expert opinion evidence and, if there is supporting evidence, additional charges be filed (2008)

Penal Codes §995 and §187 and §368(b) and §368(b)(1) and §368(b)(3)(B) and §368(i) and §182(a)(1) and §739 and CALCRIM 332 and 415 and 563

California
Other Materials

Affirms: elder/dependent adult abuse/neglect; battery of an elderly or dependent adult; unlawful driving or taking of a vehicle; unlawful use of a controlled substance. Requests court move for videotaped bedside conditional examination and/or preliminary hearing of witnesses over 70 years of age (2006)

Penal Codes §1335 et seq and §807 and §368(b)(1) and §243.25 and Vehicle Code §10851(a) and Health and Safety Code §11550(a)

California
Criminal Case Materials

Alleges: conspiracy; abuse; assault; murder of dependent adult. Requests court deny motion to set aside pleadings, records, files, oral and documentary information because there is competent evidence and probable cause (2006)

Penal Codes §995 and §187 and §245(a)(1) and §368 and §368(a) and §368(b) and §368(b)(1) and §368(b)(3)(A) and §368(h) and §182(a)(1) and Health and Safety §1250 and §1250.2 and §1250.3

California
Criminal Case Materials

Alleges accused actively engaged in: abuse; theft; neglect; murder of dependent adults. Requests court deny motion to set aside pleadings, records, files, oral and documentary information because there is direct and circumstantial evidence, witnesses' observations and probable cause (2003)

Penal Codes §995 and §187 and §245(a)(1) and §368 and §368(a) and §368(b) and §368 and §368(a) and §368(b) and §368(b)(1) and §368(e) and §368(i) and §187

California
6

Requests court deny motion to set aside information because evidence supports possibility defendant conspired with co-defendant to assault and kill elderly dependent adult (2008)

California
Trial Pleadings

Requests Court reconsider award of attorney fees or, in the alternative, make findings of fact on record because newly discovered evidence should determine whether counsel's motion on client's behalf was vexatious, groundless and frivolous

Colo.Rev.Stat. §13-17-102

Colorado

Pages