California Court of Appeal

In a daughter's suit for elder abuse against Bank of America, claiming that the bank failed to report financial abuse involving her father and engaged in other misconduct, including predatory lending, trial court's dismissal of the complaint is affirmed where: 1) as section 15610.30(b)'s 2008 amendments to the statutory scheme were substantive, rather than procedural, and the Legislature did not state that the amendments were retroactive in effect, they are inapplicable to plaintiff's claims; 2) plaintiff's allegations regarding defendant's failure to comply with the statutory reporting duty state no claim against defendant; 3) the demurrers to plaintiff's remaining claims were properly sustained; and 4) there is no basis for finding the trial court abused its discretion when it sustained the demurrer without leave to amend.

Appellate Information

• Decided 07/12/2010
• Published 07/12/2010

Judges

• MANELLA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Chaise R. Bivin