Newman v. Casey
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In February 2022, Gracia Bovis, an elder woman, signed documents transferring the title of her house to her daughter, Marina Casey. According to Bovis, Casey had misled her into signing the documents to protect her from rising property taxes. However, the documents transferred the property into Casey's name. Casey argued that the transfer was meant to protect the property from tax reassessment under Proposition 19. Bovis sought an Elder Abuse Restraining Order (EARO) against Casey, alleging financial abuse. The trial court granted the EARO and subsequently declared the deed transferring the property void ab initio (invalid from the outset). Casey appealed these decisions.
The Court of Appeal of the State of California, First Appellate District, affirmed the issuance of the restraining orders, finding sufficient evidence of financial abuse, but reversed the order declaring the deed void. The appellate court concluded that the trial court exceeded its statutory authority under Welfare and Institutions Code section 15657.03 in declaring the deed void. The statute allows for the issuance of restraining orders to protect elders from further abuse, but does not provide the court with the authority to declare a deed void. The court noted that other permanent remedies, such as the return of property, can be pursued through a civil action under other provisions of the Elder Abuse Act.
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