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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 101 - 125 of 1552
Complaint Civil, , 10 pgs
Civil Case Pleadings & Materials

Alleges: negligence; negligence per se; vulnerable adult abuse/neglect/exploitation; wrongful death (2006)

A.R.S. §12-612; A.R.S. §46-451; A.R.S. §§46-454 and 46-455; A.R.S. §46-457; Civil Procedure Rule 4.2(a)

Arizona
Verified Complaint, , 4 pgs
Civil Case Pleadings & Materials

Alleges: undue influence; breach of fiduciary duty; elder exploitation (2005)

A.R.S. §14-3709; A.R.S. §14-5506; A.R.S. §§46-455 and 46-456

Arizona
State's Requested Jury Instructions, , 16 pgs
Other Materials

Duty of Jury; Lawyers' Comments; Evidence; Reasonable Doubt; Penalty; Credibility; Information; Testimony; Judicial Notice; Definitions; Fraud Scheme; Material Omission (1999)

A.R.S. §13-105; A.R.S. §§13-1801 and 13-1802; A.R.S. §13-2310(A); A.R.S. §46-451; A.R.S. §46-456

Arizona
Motion In Limine, , 4 pgs
Motions in Limine

Requests preclusion of: testimony regarding victim's commitment; testimony regarding identified individual's behavior; testimony regarding county attorney's decision; testimonies by staff, nursing expert, probate expert (1999)

Rule 401 and Rule 403, Arizona Rules of Evidence

Arizona
Indictment, , 2 pgs
Indictments & Informations

Charges scheme to defraud and financially exploit vulnerable elderly adult (1998)

A.R.S. §13-2310; A.R.S. §46-456

Arizona
Opposition to Defendant's Demurrer to Plaintiffs' Second Amended Complaint, , 3 pgs
Trial Pleadings

Requests Court overrule demurrer or, in the alternative, grant leave to amend because cause of action for elder abuse is sufficiently pled, plaintiff had pled neglect with sufficient particularity

Cal.Civ.Proc. Code §452 and §377.34 and Cal.Welf.&Inst. Code §15610.07 (a), (b) and §15610.57(a)(1) and §15610.27 and §15657 and §15657(a), (b) and §15657.2

California
Plaintiff Odella R. Harrison's Notice of Motion and Motion for Attorneys' Fees, , 6 pgs
Trial Pleadings

Requests Court award and add attorney fees to judgment because defendants are liable for financial elder abuse and plaintiff obtained a unanimous jury verdict

Cal.Welf.&Inst. Code §15657 and §15657.5 and §15657.5(a), (b) and §15610.30 and Cal.Civ. Code §38 and §39 and Cal.R.Ct. 3.1702(b)(1) and 8.104(a)(1)(A)

California
First Amended Felony Complaint, , 4 pgs
Trial Pleadings

Alleges felony elder abuse or dependant abuse all connected together in their commission, and being two or more different offenses of the same class of crimes or offenses, under fourteen (14) separate counts

Cal. Penal Code §368(b)(1)

California
Felony Complaint, , 4 pgs
Criminal Case Materials

Alleges: sexual battery on an institutionalized individual; elder abuse and neglect (2015)

Penal Codes §243.4(b) and §368(b)(1)

California
Evidence Code Section 402 Motion In Limine to Admit Victim's Out_of_Court Statements, , 7 pgs
Motions in Limine

Requests admission of 86 year old victim's out-of-court statements because he will be unavailable to testify at trial (2015)

Evidence Codes §1200 and §1240 and California Code of Regulations Title 22

California
Defendants' Notice of Demurrer and Demurrer to Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support Thereof, , 15 pgs
Trial Pleadings

Requests Court sustain demurrer, dismiss complaint with prejudice, dismiss complaint without leave to amend, expunge lis pendenson property at issue, award costs, fees and appropriate relief because plaintiffs: fail to join a necessary party; cannot sue to enforce government programs; fail to adequately plead consistent allegations; fail to show material facts sufficient to constitute causes of action

Cal.Civ. Code §1084 and §1569 and §1575 and §2924(a)(1) and §2924b(b) and §2932.5 and §2936 and §3412 and §3413 and §40 and Cal.Civ.Proc. Code §389 and §389(a)(2)(ii) and §430.10(b), (e) and §1060 and Cal.Welf.&Inst. Code §15610.30(a)(1), (a)(2), (a)(3), (b), (c)

California
Plaintiff's Amended Opposition to Demurrer of Defendant Rod S. Hormel; Memorandum of Points and Authorities in Support Thereof, , 9 pgs
Trial Pleadings

Requests Court overrule demurrer or, in the alternative, grant leave to amend complaint to include criminal allegations of financial elder abuse, fraud, wrongful taking, demand for return of property and negligence because allegations of criminal misconduct were not included in civil complaint, statute of limitations defense fails, demurr to preliminary allegations and punitive damages is without merit

Cal.Civ. Code §1572 and §3294 and §3345 and §1714 and Cal.Civ.Proc. Code §335.1 and §338 and §352 and §430.10 and §436 and §452 and Cal.Ins. Code §785 and Cal. Penal Code §368(d) and Cal.Prob. Code §812 and §859 and Cal.Welf.&Inst. Code §15610.27 and §15610.30 and §15657.6 and §15657.7 and §15657.5

California
Notice of Motion and Motion by Defendants Centaurus Financial Inc. and Gilbert Smith for Summary Judgment or Alternatively for Summary Adjudication; Memorandum; Evidence, , 10 pgs
Trial Pleadings

Requests Court order judgment in defendants' favor for claims in plaintiff's first amended complaint because action has no merit, there is no triable issue of material fact and defendants are entitled to judgment as a matter of law or, in the alternative, defendants move for an order granting summary adjudication in defendants' favor as to plaintiffs first, second and third causes of action and claim for punitive damages

Cal.Civ. Code §39 and Cal.Civ.Proc. Code §437c(a),(c), (o), (p)(2) and Cal.Welf.&Inst. Code §15600 et seq., §15610.07 and §15610.30

California
Plaintiff's Combined Opposition to Defendant, Christopher Holden, M.D.'s Demurrer and Motion to Strike, , 11 pgs
Trial Pleadings

Requests Court overrule defendant's demurrer and deny motion or, in the alternative, grant leave to file a first amended complaint because plaintiff has pled sufficient facts with particularity to place defendant on notice

Cal.Civ. Code §3294(c)(1) and Cal.Civ.Proc. Code §425.13 and §425.0(a) and Cal.Welf.&Inst. Code §15610.57(a), (b)(2), (b)(3), (b)(4) and §15657

California
Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants MV Transportation and City of Thousand Oaks' Demurrer to Plaintiff's Complaint, , 9 pgs
Trial Pleadings

Recommends Court overrule demurrer in its entirety or, in the alternative, grant leave to amend because plaintiff has: asserted facts sufficient to state elder abuse and willful misconduct causes of action; stated necessary facts to constitute elder neglect and abandonment; sufficiently pled defendants were care custodians; shown decedent was in defendants care and custody at time of injuries

Cal.Welf.&Inst. Code §15610.17 and §15610.57 and §15610.57(a)(1), (b)(3) and §15610.05 and §15610.07(a) and §15657.2 and §15657 and Cal.Civ. Code §3294 and §3294(c )(1), (c)(2) and §2100

California
Notice of Demurrer and Demurrer of Defendant Traditions Psychology Group, Inc. dba Traditions Behavioral Health to Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities; Exhibits, , 10 pgs
Trial Pleadings

Requests Court sustain demurrer without leave to amend or, in the alternative: deny recovery for elder abuse; allow only one count of (professional) negligence; deny plaintiff-mother recovery for negligent infliction of emotional distress; deny dependent adult abuse

Cal.Bus.&Prof. Code §6146 and Cal.Civ. Code §3333.1(c)(2) and Cal.Civ.Proc. Code §1295(g)(2) and §364(f)(2) and §667.7(e)(4) and §430.10(e), (f) and Cal.Welf.&Inst. Code §15657

California
Plaintiff Carmen Evelyn Fico's Memorandum of Points and Authorities in Support of Opposition to Defendant Arik Avaneszadeh's Demurrer to Her Third Amended Complaint, , 4 pgs
Trial Pleadings

Recommends Court not sustain a demurrer to cause of action because defendant is directly liable under California elder abuse laws and vicariously liable throughout plaintiff's 13th Cause of Action; requests, in the alternative, leave to amend 13th Cause of Action should Court deem any portions of claim factually insufficient

Cal.Welf&Inst. Code §15610.30(a), (b) and §15657.5 and §15657.6

California
Defendant Arik Avaneszadeh's Demurrer to Third Amended Complaint, , 3 pgs
Trial Pleadings

Requests Court sustain demurrer without leave to amend because cause of action does not support a claim for elder financial abuse

Cal.Civ.Proc. Code §430.10(e) and §430.30 and §430.50 and Cal.Welf.&Inst. Code §15610.30(a)

California
Plaintiffs' Opposition to Defendant's Demurrer to Their Petition for (1) Financial Elder Abuse and (2) Abuse of Durable Power of Attorney; and , Memorandum of Points and Authorities, , 6 pgs
Trial Pleadings

Requests Court deny demurrer and order defendant to answer Petition within ten days because plaintiffs are decedant's natural children, heirs to the estate, and an accounting was requested within sixty days of the Petition; requests, in the alternative, leave to amend Petition

Cal.Welf.&Inst. Code §15600 et seq. and §15657.3 and §15657.3(d), (d)(2) and Cal.Prob. Code §48 and §48(a), (a)(1), (b) and §354 and §4540 and §4540(d) and §4541 and §4541(b), (c) and §4520 and §850 and §259

California
Defendant, Pleasanton Nursing and Rehabilitation Center's Notice of Demurrer and Demurrer to the First Amended Complaint; Memorandum of Points and Authorities in Support, , 10 pgs
Trial Pleadings

Requests Court sustain demurrer without leave to amend because: defendant is not liable for employee criminal acts; plaintiff lacks standing; plaintiff fails to plead facts amounting to egregious abuse or neglect; plaintiff fails to factually show recklessness, oppression, fraud or malice; plaintiff's claim for financial abuse is insufficient

Cal.Civ.Proc. Code §377.32 and §430.10 and §430.50 and Cal.Civ. Code §1575 and §3294 and Cal.Welf.&Inst. Code §15600 and §15610.30 and §15657

California
Opposition to Defendant Sears Home Improvement Products, Inc.'s Motion to Strike Portions of Plaintiffs' Second Amended Complaint, , 6 pgs
Trial Pleadings

Requests Court deny motion or, in the alternative, grant leave to amend because: contract cause of action and breach of merchantability warranty are not barred by statutes of limitations; plaintiffs allege sufficient facts to plead breach of good faith and fair dealing; plaintiffs plead requisite elements of financial elder abuse

Cal.Civ.Proc. Code §1856 and §1625 and Cal.Bus.&Prof. Code §7159 and §7159.10 and Cal.Civ. Code §1791.3 and §1792 and §1791.1(c) and Cal.Unif.Com. Code §2725 and §2725(1) and Cal.Welf.&Inst. Code §15610.30 and §15600(a), (b)

California
Defendant's Trial Brief Regarding Standard of Proof for Damages Claimed for Elder Abuse, , 4 pgs
Other Materials

Requests Court use defendant's rather than Court's proposed modification of California Civil Jury Instruction 3905A because a jury must be instructed to find all elements of an elder abuse cause of action by clear and convincing evidence

Cal.Civ.JuryInst. (CACI)3905A and Cal.Welf&Inst. Code §15657 and Cal.Civ.Proc. §377.34

California
Complaint for: 1. Violations of the Elder and Dependant Adult Civil Protection Act (Welf. & Instit. Code , , 15 pgs
Trial Pleadings

Alleges violations of Elder and Dependent Adult Civil Protection Act and breach of fiduciary duty; requests compensatory damages, treble penalties, treble punitive and exemplary damages, prejudgment interest, restitution and disgorgement of profits, attorneys' fees

Cal.Welf.&Inst. Code §15600 et seq. and §15657 and §15657(a) and §15657.3(d) and §15657.5 and §15657.5(a) and §15610.27 and §15610.07 and §15610.30 et seq. and Cal.Prob. Code §16061.7 and §17005(a)(1) and §48 and Cal.Civ. Code §1575 and §3345 and §3294 and §3345 and §3345(b)

California
Plaintiff's Brief re: Statute of a Limitations, , 4 pgs
Other Materials

Argues statute of limitations reaches dates back to plaintiff's second fall because defendants' assessments and reassessments found plaintiff suitable for residency and cause of action did not accrue until plaintiff's legal counsel became aware plaintiff was not suitable and defendants' negligence caused injuries

Cal.Civ.Proc. Code §335.1 and §338 and §340.5 and §335.1 and §1352 and Cal.Welf.&Inst. Code §15657 and CACI 3100

California
Plaintiffs' Trial Brief, , 22 pgs
Other Materials

Argues, as a result of defendants' representations, actions and omissions, plaintiffs lost their entire investment and are entitled to damages for legal malpractice, professional liability, breach of fiduciary duty and elder financial abuse

Cal.Const. art. IV, §8(c) and Cal.Civ. Code §11710(2) and Cal.Civ.Proc. Code §1335.1 and §340.6 and §340.6(a)(2) and §335.1 and §335.16 and Cal.Welf.&Inst. Code §15600 and §15610.30 and §15657.5 and §15657.6 and §15657.7

California
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