Elder Justice Prosecutor Samples
Alleges: abuse of process; malicious prosecution; defamation per se; slander per se; intentional infliction of emotional distress; breach of declaration of covenants and request for specific performance; willful noncompliance with requests to inspect records; breach of fiduciary duty; breach of good faith and fair dealing; civil conspiracy
Requests Court dismiss complaint because: Counts I, II and III improperly state causes of action; Count IV improperly alleges a cause of action; Counts V and VI improperly state claims
Recommends Court deny motion to dismiss or, in the alternative, affirm motion to strike portions because plaintiff properly pled claim for medical malpractice and Adult Protective Services Act violations
Requests Court allow plaintiff to seek punitive damages because defendants ratified conscious disregard for resident's life, safety or rights
Alleges deprivation,rights' infringement, elder abuse, neglect; demands damages, court costs and attorney's fees
Requests Court grant motion because: complaint fails to comply with presuit screening requirements; allegations are insufficient to support claims
Recommends Court deny motion because: arbitration agreement is unenforceable; arbitration agreement is unconscionable; arbitration agreement's remedial limitations are contrary to public policy
Alleges legal malpractice; requests damages, pre-judgment interest, costs, trial by jury on all triable issues
Alleges: Count I - exploitation; Count II - falsification and concealment of facts; Count III - fraud; Count IV - unjust enrichment; Count V - breach of fiduciary duty; Count VI - fraudulent inducement of exculpatory clause and arbitration provision
Count I - Battery on Person 65 Years of Age or Older (2011)
Count I - Grand Theft from Person 65 Years of Age or Older
Requests Order to continue case and reset trial date because state attorney is unavailable during scheduled trial week, defendant waived speedy trial (2011)
Requests court grant motion and issue Order to schedule videotaped deposition of 75 year old victim unable to attend trial as a witness (2011)
Charges willful or culpable negligence and neglect of elderly person or disabled adult (2011)
Preliminary Instructions; Qualifications Instruction; Closing Argument; Introduction to Final Instructions; Statement of Charge; When There Are Lesser Included Crimes and Attempts; Principals; Plea of Not Guilty, Reasonable Doubt and Burden of Proof; Weighing the Evidence; Expert Witnesses; Defendant Testifying; Defendant Not Testifying; Defendant's Statements; Rules for Deliberating; Cautionary Instruction; Verdict; Single Defendant, Multiple Counts or Informations; Submitting Case to Jury; Attempt to Commit Crime; Introduction; Verdict; Battery on Person 65 Years of Age or Older; Battery (2011)
Preliminary Instructions; Qualifications Instruction; Closing Argument; Introduction to Final Instructions; Statement of Charge; When There Are Lesser Included Crimes and Attempts; Principals; Plea of Not Guilty, Reasonable Doubt and Burden of Proof; Weighing the Evidence; Defendant Testifying; Defendant Not Testifying; Defendant's Statements; Rules for Deliberation; Cautionary Instruction; Verdict; Submitting Case to Jury; Attempt to Commit Crime; Introduction; Verdict; Theft (2011)
Alleges: exploitation of an elderly person; civil theft; conversion; intentional wrongful death; negligent/gross negligent wrongful death; breach of contract for wrongful death; negligent retention; negligent supervision; negligence/gross negligence; negligence per se; breach of contract; breach of fiduciary duty
Requests Court grant motion because amended complaint fails to state a cause of action
Requests Court dismiss complaint because: Count I lacks sufficient facts; Count II fails to state conversion claim; Count III fails to state fraud claim; Count IV fails to state cause of action; Count V fails to state interference claim; no cause of action for constructive trust stated is stated
Requests Court dismiss complaint because: Counts I, II and III improperly state causes of action; Count IV improperly alleges a cause of action; Counts V and VI fail to include ultimate facts
Charges financial exploitation scheme to obtain or appropriate money or property by theft, forgery, falsehood or cheating with intent to deprive elderly adults of its use or benefit (2010)
Requests Exemplification of Record for Delayed Registration of Birth under Wayne County, Michigan Probate Seal and Certificate of Birth, Delayed Registration, from Michigan Department of Health, Vital Records Section. Requests Judicial Notice announcement (2010)
Requests Court deny Motion to Dismiss based on statutory immunity because state's traverse places essential material facts in dispute. Requests Court deny Request for Evidentiary Hearing as a procedural mechanism because it is not based on district's controlling authority. Requests Extension of Time to Pursue Appellate Remedy (2010)
Charges grand theft of property from persons 65 years of age or older and organized scheme to defraud or fraudulently obtain property from such persons in an aggregate value of at least $50,000 (2010)
Requests: issuance of subpoena duces tecum and Court Order for records relevant to alleged elder abuse investigation; order and adjudgment for production and release of requested medical records; order and adjudgment that motion and order be sealed (2007)