Cameron v. Las Orchidias Properties, LLC
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Defendant appeals the trial court’s judgment in favor of Plaintiff on her causes of action for wrongful eviction and financial elder abuse. Defendant contends that (1) it was unfairly surprised at trial because the pleadings were inadequate to put LOP on notice of Plaintiff's claims; (2) Plainitiff failed to prove financial elder abuse; (3) the trial court erred in the admission and exclusion of evidence; (4) Plaintiff is not entitled to damages, or alternatively, her damages should be limited; and (5) the award of attorney fees and costs should be reversed. address the adequacy of the pleadings.
The Second Appellate District affirmed the trial court’s judgment, order denying the motion for a new trial, and order awarding Plaintiff attorney fees. The court explained the record demonstrates that Defendant was not misled. The trial court did not abuse its discretion by denying Defendant’s motion for a new trial on this basis. Having argued that refusal to re-rent was the only theory of recovery for wrongful eviction pleaded in the complaint in its summation brief, Defendant cannot contend that it was unfairly surprised or that the cause of action was inadequately pleaded. Further, the court held that the right to re-rent under LAMC Section 151.27 and the Ellis Act is a property right within the meaning of the Elder Abuse Act. Moreover, substantial evidence supports the finding that LOP had fraudulent intent and knew its refusal to re-rent was wrong or harmful to Plaintiff.
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