Elder Abuse
1Elements and Case Citations
To state a claim of elder abuse, a plaintiff must allege facts showing the defendant:
- subjected an elder to statutorily-defined physical abuse, neglect, or financial abuse; and
- acted with recklessness, malice, oppression, or fraud in the commission of the abuse.
Grundstrom v. Wilco Life Ins. Co., No. 20-CV-03445-MMC, 2023 WL 5723674, at *2 (N.D. Cal. Sept. 5, 2023).
To prove a claim for financial elder abuse, Plaintiff must show that:
- Defendant retained Plaintiff's property;
- Plaintiff was 65 years of age or older at the time of the conduct;
- Defendant retained the property for a wrongful use or with intent to defraud;
- Plaintiff was harmed; and
- Defendant's conduct was a substantial factor in causing Plaintiff's harm.
Yeomans v. Blue Shield of Cal., 712 F. Supp. 3d 1336, 1345 (C.D. Cal. 2024); see also Cal. Welf. & Inst. Code § 15610.30(a).
Subscribers To The California Litigation Guide Can See:
- The rest of the elements for this cause of action;
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- The statute of limitations; and
- The defenses to this cause of action.
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