California Court of Appeal

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.

Appellate Information

• Decided 06/23/2009
• Published 06/23/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Cox, Castle & Nicholson and Stanley W. Lamport, Los Angeles, for Defendant and Appellant., Law Offices of Marjorie G. Fuller, Marjorie G. Fuller, Fullerton, and Lisa R. Wiley for Plaintiff and Respondent.