The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
Elder or dependent adult may renew a five-year restraining order against abuse if s/he entertains a reasonable apprehension of future abuse, even if additional abuse did not occur during the initial five-year restraining period. Read More
An elder abuse complaint alleging neglect is not a dispute relating to a health care provider’s “professional negligence” within the meaning of Code of Civil Procedure section 1295, so the decedent’s heirs were not bound by the provider’s arbitration agreement. Read More
An acute care hospital commits elder abuse when it operates on the elder patient without his consent or the consent of the person to whom he had given a durable power of attorney. Read More
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. Read More
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. Read More
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. Read More
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. Read More
