ELDER ABUSE
CAUSES OF ACTION
REMEDIES
I WAS LISTENING, NICOLE!
DAMAGES
100
The age you become an elder under WIC (Welfare and Institutions Code).
What is 65 years old?
100
An intentional misrepresentation, deceit, or concealment of a material fact with the intent to deprive plaintiff of property or a legal right, or otherwise to cause injury.
What is fraud?
100
Latin for "pending suit," this action serves as written notice that a lawsuit has been filed concerning real estate (concerning either the title of the property or ownership).
What is a lis pendens?
100
The name of the courthouse where you file a general complaint without a lis pendens.
What is the Gordon D. Shaber Courthouse?
100
If the date of the incident occurred several years ago, you may have to include _____ in your calculations for damages for actual loss.
What is interest?
200
The statute of limitations for elder abuse.
What is 4 years (from the date of actual or reasonable discovery)?
200
Plaintiff owned/possessed personal property, and defendant intentionally interfered with plaintiff's use or possession of property (but not a substantial interference).
What is trespass to chattels?
200

A lis pendens is required for this action. This remedy establishes title against adverse claims to real property or any interest in the property (Code Civ. Proc. §760.020).

What is quiet title?
200
You file a complaint with lis pendens in-person with the counter clerk here.
What is the Hall of Justice?
200

If person has in bad faith wrongfully taken, concealed, or disposed of property or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, the person shall be liable for this type of damages. (Probate Code §859)

What are double damages?
300
Excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in an inequity. 
What is undue influence?
300
When a plaintiff owned/possessed personal property, and a defendant intentionally and substantially interfered with plaintiff's property.
What is conversion?
300
An equitable remedy to prevent a party from being unjustly enriched by property.
What is a constructive trust?
300
Defendants have ___ days within personal service of the complaint to answer before filing for a default judgment.
What are 30 days?
300

If an individual is guilty of fraud, oppression, or malice by clear and convincing evidence, he/she may be guilty of these type of damages (Civil Code §3294).

What are punitive damages?
400
Three factors (of many) that are evidence of vulnerability under WIC 15610.70.
What are: Incapacity, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, dependency?
400
Plaintiff owned property, and defendant intentionally/recklessly/negligently entered plaintiff's property without plaintiff's consent.
What is trespass (to real property)?
400
Actual loss, lost profits, double ___, treble ____, 



punitive _____.

What are monetary damages?
400
Your Case Management Statement is due ___ days before the date of the hearing.
What are 15 calendar days?
400
Batman and Superman entered into a contract, where Superman would pay Batman $3.5M for Wayne Manor. However, after Superman paid the $3.5M, Batman installed Kryptonite walls all over the grounds of the estate. What kind of damages should Superman bring?
What are expectancy damages (benefit of the bargain) for the amount he expected to receive from the contract ($3.5M in value).
500
At least two positions of apparent authority under WIC 15610.70.
What are: Fiduciary, family member, care provider, health care professional, legal professional, spiritual advisor?
500
Defendant's outrageous conduct intended to cause plaintiff emotional harm (or defendant acted with reckless disregard of probability of emotional harm - A tort favorite!
What is intentional infliction of emotional distress?
500

A party can do this to a contract when the consent to the contract was obtained through duress, fraud, undue, influence, menace. (Civil Code §§1689(b)(1))

What is rescind (the contract).
500
The court has to find these two things to grant a motion for preference.
What are: 1) A substantial interest in the action as a whole; and 2) The health of the party is such that preference is necessary to prevent prejudicing party's interest in litigation.
500
Savleen has a ballin' house with an off-the-hook garden and lawn. Daniel got jealous, and decided to drive his truck over the garden/lawn. While on the lawn, Daniel also decided to take a garden gnome that was worth $100,000. Savleen will have to pay $1,000 to repair the damages. What damages can Savleen pursue, and under what causes of action?
What are:

1) Trespass to real property/land for cost of repair (assuming it's reasonable). 

2) Conversion for the garden gnome.

3) Punitive damages for malice.

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