Bounds v. Super. Ct.Annotate this Case
Petitioners sought a petition for a writ of mandate compelling the trial court to vacate its order sustaining without leave to amend a demurrer to their two causes of action for financial elder abuse under the Elder Abuse and Dependent Adult Civil Protection Act, Welf. & Inst. Code 15600 et seq. At issue was whether to allege a "taking" of a property right under the Act, it is sufficient to plead that an elder has entered into an unconsummated agreement which, in effect, significantly impairs the value of the elder's property, or whether the Act requires that the agreement have been performed and title have been conveyed. The court concluded that because property rights include, among other things, the right to use and sell property, petitioners' allegations that Petitioner Bounds entered into an executory agreement which significantly impaired the value of the property owned by the Trust adequately pleads a taking - that Bounds has been deprived of a property right by means of an agreement within the meaning of section 15610.30(c). Accordingly, the court granted the petition and issued the writ compelling the trial court to vacate its order sustaining the demurrer to petitioners' financial elder abuse claims.