Hilliard v. Harbour

Senior citizen who held controlling interest in corporate borrower could not state elder abuse claim against lender that foreclosed on borrower; the senior citizen suffered only derivative harm; any damage claim belonged solely to the corporate borrower.  Hilliard, a 78-year-old, owned a controlling interest in Crystal Companies, which owned radio stations.  Wells Fargo lent $20…

Mahan v. Charles W. Chan Insurance Agency, Inc.

An elderly couple stated an elder abuse claim against an insurance agency that schemed to gut their whole life insurance policies and replace them with a less desirable policy, all for the purpose of earning a larger commission.  An elderly couple stated an elder abuse cause of action against the insurance agency which arranged to…

Winn v. Pioneer Medical Group, Inc.

A defendant care-giver accused of elder neglect did not meet Welf. & Inst. Code 15610.57’s “having care and custody” requirement, when he merely furnished intermittent outpatient medical treatment to the elder, rather than providing for some/all of the elder’s fundamental needs.  Under Welf. & Inst. Code 15610.57, a person having the care and custody of…

Fenimore v. Regents of University of California

  Elder abuse claim stated by alleging that elder care facility knowingly and repeatedly violated state staffing regulations in order to save money and elder patient suffered a fatal fall because there was insufficient staff available to keep him from falling.  Heirs and a personal representative of an elderly mentally ill patient who fell and…