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Case Summaries

Elder Law

[06/23] Gdowski v. Gdowski
Trial court issuance of a protective order against defendant under the Elder Abuse and Dependent Adult Civil Protection Act is reversed where: 1) a protective order under the Elder Abuse Act may issue on the basis of evidence of past abuse, without any particularized showing that the wrongful acts will be continued or repeated; and 2) the trial court erred in basing its decision in issuing the protective order on counsel's conduct rather than on substantial evidence.

[05/20] Health Care Industry Liability Ins. Program v. Momence Meadows Nursing Center, Inc.
In a dispute involving insurance liability coverage, district court judgment finding that plaintiff had no duty to defend defendant is affirmed where the wrongdoings for which the parties in the underlying suit are attempting to hold defendant liable for are the filing of false claims and unlawful employment actions, not the injuries suffered by residents under defendant's care, and none of the policy provisions cover such claims.

[04/29] People v. Henning
Conviction for financial elder abuse is affirmed where: 1) the jury was given only the erroneous portion of CALCRIM No. 1804 regarding corroboration, and was thus not instructed correctly that the corroborating writing must be false and was not instructed as to the other possible methods of corroboration; but 2) the error was manifestly harmless under any standard of review.

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