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Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
Displaying 876 - 900 of 1552
Notice of Motion and Motion to Dismiss or, alternatively, to Strike Third Amended Complaint; Memorandum of Points and Authorities in Support Thereof, , 14 pgs
Trial Pleadings

Requests Court dismiss all claims against all defendants or, in the alternative, strike allegations from third amended complaint because: claim for breach of fiduciary duty reiterates joint venture question; constructive fraud claim is not viable; conversion claim fails to identify specific funds; elder financial abuse and intentional infliction of emotional distress claims are unsustainable; claims for dissoluntion of joint venture and accounting lack merit; claims against Sadhana Temple fail to identify individals allegedly making statements

Cal.Civ. Code §1573 and Cal. Civ.Proc. Code §335.1 and Cal.Corp. Code §5142 and §8510 and §8510(e) and §16101(9) and Cal.Welf.&Inst. Code §15610.27 and §15610.30 (a)(1) and Or.Rev.Stat.Ann. §124.100(6)

Northern Mariana Islands
Defendant Prudential Annuities Assurance Corporation's Memorandum of Points and Authorities in Support of Motion to Dismiss, , 14 pgs
Trial Pleadings

Recommends Court sustain motion to dismiss each claim because: statute of limitations bars causes of action; claims cannot be brought on vicarious liability theory; claims lack valid legal theory; causes of action are remedies unsupported by tort claims

Cal.Bus.&Prof. Code §17200 and §17208 and Cal.Civ.Proc. Code §337 and §1021 and §1689 and §1761(a) and Cal.Ins. Code §101 and Cal.Welf.&Inst. Code §15657 and §15657.5(a) and §15657.7 and §16510.30

Northern Mariana Islands
Joint Case Management Statement & (Proposed) Order, , 6 pgs
Other Materials

Submit Jointly: 1. Jurisdiction & Service; 2. Facts; 3. Legal Issues; 4. Motions; 5. Amendment of Pleadings; 6. Evidence Preservation; 7. Disclosures; 8. Discovery; 9. Class Actions; 10. Related Cases; 11. Relief; 12. Settlement and ADR; 13. Consent to Magistrate Judge For All Purposes; 14. Other References; 15. Narrowing of Issues; 16. Expedited Trial Procedure; 17. Scheduling; 18. Trial; 19. Disclosure of Non-Party Interested Entities or Persons; 20. Other

Cal.Welf.&Inst. Code §15610.30 et seq. and Cal.Civ. Code §3345

Northern Mariana Islands
Opposition to Defendant Continential Casualty Company's Motion to Dismiss Plaintiff's Third Cause of Action for Financial Elder Abuse, , 6 pgs
Trial Pleadings

Requests Court deny motion to dismiss or, in the alternative, grant leave to amend complaint because: complaint has pled sufficient facts; plaintiff has satisfied pleading requirements for financial elder abuse

Cal.Welf.&Inst. Code §15610.30 et seq. and Cal.Civ. Code §3345

Northern Mariana Islands
Notice of Motion and Motion to Dismiss by Defendant Green Tree Servicing LLC; Memorandum of Points and Authorities in Support Thereof, , 11 pgs
Trial Pleadings

Recommends Court grant motion because: first cause of action fails to state claim for breach of covenant; second cause of action fails to state claim for promissory estoppel; third cause of action fails to state claim of wrongful foreclosure; fourth cause of action fails to state claim for breach of contract; fifth cause of action fails to state claim for reformation of contract; sixth cause of action fails to state claim for relief; seventh cause of action fails to state claim for elder financial abuse; eigth cause of action fails to state negligent misrepresentation; ninth cause of action fails to state meritorious antecedent claims for unfair competition

Cal.Civ. Code §47 and §1511 and §1698 and §2924 and §2924c(e), (d)(1) and §3399 and Cal.Welf.&Inst. Code §15610.30 and §15610

Northern Mariana Islands
Plaintiffs' Opposition to Defendants Santa Rosa Memorial Hopsital and St. Joseph Health System's Motion to Dismiss Plaintiffs' Complaint, , 4 pgs
Trial Pleadings

Requests Court deny motion or, in the alternative, grant leave to amend complaint because: defendants failed to screen pursuant to Emergency Medical Treatment and Active Labor Act; defendants failed to stabilize disabled and impaired adult; defendants abused dependent adult; plaintiffs can provide additional material facts

Cal.Welf.&Inst. Code §15657 and §15610 and §15630 and §15657.05 and §15610.07 and §15610.17

Northern Mariana Islands
Plaintiff's Opposition to Defendants' Motion in Limine to Exclude Evidence of Alleged Elder Abuse and Identity Theft, , 4 pgs
Trial Pleadings

Requests Court deny motion because facts alleged regarding plaintiff's elder abuse and identity theft are relevant, significant to cause of action, and probative value exceeds prejudicial effect

(Intentionally Left Blank)

Northern Mariana Islands
Verified Complaint to Compel Binding Arbitration for Bankruptcy Fraud and Identity Fraud Unjust Enrichment; Racketeering; and Unfair Bus. Prac., Financial Elder Abuse; Tortuous Interference with Bus. Advantage and/or Family Affairs; Constructive..., , 49 pgs
Trial Pleadings

Alleges: First Cause of Action - Financial Elder Abuse; Second Cause of Action - Economic Duress (Extortion, Fraud); Third Cause of Action - Constructive Trust; Fourth Cause of Action - Declaratory Relief Against All Defendants; Fifth Cause of Action - Breach of Contract - Specific Performance; Sixth Cause of Action - Violations of Business and Professions Code Section 17200; Rico Claims Seventh Cause of Action - Racketeer Influenced & Corrupt Organizations Act 18 U.S.C.

Cal.Bus.&Prof. Code §6106 and §17200 and Cal.Civ.Proc. §377.30 through §377.32 and Cal.Welf.&Inst. Code §15657.3(d) and §15610.30(c ), (d) and §15600 through §15675 and §15600(j) and Cal.Prob. Code §48 and §16004(c) amd §16060 and §16061 and §16062 and §17200 and §21350 and §16004 through §16400 and Cal.Civ. Code §1572

Northern Mariana Islands
Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment, , 7 pgs
Trial Pleadings

Requests Court deny motion because: there are issues of material fact; defendant retained personal property of elder adult for wrongful use; defendant knew claim denial was a financial hardship

Cal.Welf.&Inst. §15610.27 and §15610.30 and §15610.30(b), (c)

Northern Mariana Islands
Defendant Wachovia's Reply in Support of Motion to Dismiss and Motion to Strike Portions of Third Amended Complaint, , 12 pgs
Trial Pleadings

Requests Court dismiss third amended complaint and grant motion to strike without leave to amend because: first claim fails to demonstrate Truth In Lending Act violation supports extended right of rescission; second claim fails to identify controversy in loan accounting; third claim fails to prove interest rate under ten percent is not usurious; Home Owners' Loan Act preempts fifth claim for financial elder abuse; seventh claim for Racketeer Influenced and Corrupt Organizations lacks particularity

Cal.Civ. Code §3249(a) and Cal.Welf.&Inst. Code §15610.030

Northern Mariana Islands
Defendant Nationstar Mortgage's Notice of Motion to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6); Memorandum of Points and Authorities in Support, , 11 pgs
Trial Pleadings

Requests Court dismiss complaint without leave to amend because: plaintiff fails to allege being elder adult; California Financial Information Privacy Act does not create right of action for individual consumers; plaintiff has no private right of action to sue; claims are insufficiently pled; plaintiff fails to allege predicate violation; tort does not apply to a lender-borrower relationship; statute does not provide private right of action; no facts suggest loan documents void or voidable; declaratory and injunctive relief are not causes of action

Cal.Bus.&Prof. Code §17200 and Cal.Civ. Code §2954 and Cal.Civ.Proc. Code §1061 and §3412 and Cal.Fin. Code §4050 through §4060 and §4056 and §4057 and Cal. Penal Code §484 and Cal.Welf.&Inst. Code §15610.23 and §15610.25 and §15610.27

Northern Mariana Islands
Defendant Jackson National Life Insurance Company's Notice of Motion to Dismiss and Strike Portions of Plaintiffs' Amended Complaint; Memorandum of Points and Authorities in Support Thereof, , 11 pgs
Trial Pleadings

Requests Court grant motion to dismiss and strike portions of amended complaint because: claims for relief are based on inapplicable laws; aiding and abetting claim fails to allege defendant aided and abetted any action; claims from non-disclosure of commissions or imposition of surrender charges are not explicated; financial abuse claim under Elder Abuse Act is time-barred

Cal.Bus.&Prof. Code §6175.3 and §10147.5 and §10241 et seq. and §17200 et seq. and Cal.Fin. Code §1843 and Cal.Ins. Code §101 and §762 and §785 and §786 and §787 and §788 and §789 et seq. and §790 and §1749.8 and §10168.1 and §10509.8 and §10127.10 and §10127.13 and Cal.Prob. Code §850 and Cal.Welf.&Ins. Code §15600 et seq.

Northern Mariana Islands
Plaintiff's Opposition to Motion of Defendants to Dismiss Plaintiff's Complaint or to Strike Allegations of Regulatory Violations and Attorney's Fees, , 3 pgs
Trial Pleadings

Requests Court deny motion to dismiss and strike parts of complaint because: qualified immunities are surmounted by defendants' violation of established care custodian duties; qualitifed immunities are surmounted by defendants' violation of mandatory duties to provide emergency and continuing medical care; cause of action for deliberate indifference is valid; attorney's fees may be awarded

Cal.Gov't Code §845.6(d) and §844.6(d) and §831.8(d) and Cal.Welf.&Inst. Code §15600 and §15610.27 and §15610.17(y) and §15610.07(a), (b) and §15610.63 and §15610.57 and §15610.57(b)(2), (3)

Northern Mariana Islands
Defendant's Motion for Summary Judgment, , 16 pgs
Trial Pleadings

Requests Court grant summary judgment because: Veterans Administration acted within standard of care; court lacks elder abuse jurisdiction

(Intentionally Left Blank)

Northern Mariana Islands
Defendant Long Term Care Group, Inc.'s Motion to Dismiss and to Strike Plaintiffs' Complaint and Each Cause of Action Thereof Alleged as Against Long Term Care Group, Inc., , 16 pgs
Trial Pleadings

Requests Court grant motion to dismiss and to strike without leave to amend because: plaintiffs fail to allege required elements of fraud; plaintiffs fail to plead facts sufficient for financial elder abuse allegation; plaintiffs' unfair competition allegation is factually unsupported; plaintiffs are not entitled to punitive and exemplary damages; financial elder abuse statutes do not authorize damages for physical abuse and neglect; no statute authorizes recovery of attorney fees for fraud; plaintiffs' facts fail to support restitution or injunctive relief entitlement

Cal.Bus.&Prof. Code §17200 and Cal.Civ.Proc. Code §377.34 and §526 and §526(a) and Cal.Ins. Code §780 and §790.3 and Cal.Civ. Code §3294 and Cal.Welf.&Inst. Code §15610.30 and §15657.5

Northern Mariana Islands
Reply Brief of Appellant, , 4 pgs
Other Materials

Argues Court must remand because judgment should reflect interest accruing on day city took possession

(Intentionally Left Blank)

Mississippi
Brief of Appellee, , 21 pgs
Other Materials

Argues Court must uphold judgment because: companies were closely held family businesses; appellant did not cooperate with discovery or experts; decision was based on substantial credible evidence

Miss.CodeAnn. §11-21-3 and §11-21-11 and §79-4-14.30 and §79-4-14.33 and §79-4-14.34 and Miss.R.Civ.Proc. 8 and 8(a) and 8(e)(1) and 8(f) and 15(b) and 54 and Miss.R.Evid. 702

Mississippi
Brief of Appellant, , 7 pgs
Other Materials

Argues Court must bar claims because: at-will employment lacks a written contract; one-year statute of limitations applies for employment claims

Miss.CodeAnn. §15-1-35 and §15-1-29 and Miss.R.Civ.Proc. 56(c)

Mississippi
Brief of Appellee, , 7 pgs
Other Materials

Argues Court must affirm decision because: claim is not breach of contract action; wrongful termination is public policy violation; public policy supports three-year statute of limitations employment claims

Miss.CodeAnn. §15-1-29 and §15-1-35 and §15-1-49 and §15-3-1

Mississippi
Reply Brief of Appellant, , 5 pgs
Other Materials

Argues Court must bar claims because: appellee had no written employment contract; wrongful termination claim is subject to one-year statute of limitations; appellee filed claim more than one year after employment termination

Miss.CodeAnn. §15-1-29

Mississippi
Reply Brief of Cross Appellant, , 6 pgs
Other Materials

Argues Court must affirm judgment because: accounts payable on death were never received; misuse of power of attorney violated fiduciary

(Intentionally Left Blank)

Mississippi
Brief of Petitioner/Appellant Bronwyn Benoist Parker, , 20 pgs
Other Materials

Argues Court must reverse decision because: 2010 Will forfeiture clause should not be invoked; there is no estate interest remaining that requires a law firm retainer; a temporary administrator should be appointed during litigation

Miss.CodeAnn. §91-7-53 and §91-7-281 and §41-29-153 and §91-7-91

Mississippi
Brief of Appellees/Cross-Appellants, , 19 pgs
Other Materials

Argues Court must affirm determinations, reverse and render attorney's fees' denial because: 2010 Will forfeiture clause was properly enforced; court properly ruled law firm retainer for estate be paid; court properly refused to remove estate executor; 2010 Will provided attorney fees be assessed against a challenger

Miss.CodeAnn. §91-7-281 and §91-7-299 and §91-7-53 and §93-13-251 and §11-55-1 et seq. and §91-5-1 et seq.

Mississippi
Amended Brief of Petitioner/Appellant Bronwyn Benoist Parker, , 20 pgs
Other Materials

Argues Court must reverse decision because: court failed to recognize a good faith and probable cause contest exception; parties in interest were joined and a law firm retainer was unnecessary; executor was in an adverse position to the estate

Miss.CodeAnn. §91-7-53 and §91-7-281 and §91-9-303 and §41-29-153 and §91-7-91

Mississippi
Supplemental Brief of Appellees, S. Lavon Evans, Jr., S. Lavon Evans, Jr. Operating Company, Inc., S. Lavon Evans Drilling Ventures, LLC, and E & D Services, Inc., , 9 pgs
Other Materials

Argues Court must not assess fault as to plaintiffs' judgment because: statutes do not apply to allocation of fault to a non-party; proof not established for jury to conclude fault; statutes do not establish authority to assess claims of intentional torts, negligence, breach of contract, and breach of fiduciary duties

Miss.CodeAnn. §11-7-15 and §85-5-7 and Miss.R.Civ.Proc. 9

Mississippi
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