California Court of Appeal

In a dispute over a conservator's actions with regard to the plaintiff's elderly father, the trial court's grant of the conservator's motion for summary judgment is reversed but his motion for summary adjudication is granted in part, where: 1) the conservator's res judicata defense applied only to acts before a fourth accounting, and the plaintiff's allegations were sufficient to state causes of action against him; and 2) because the conservator failed to establish a complete defense as to certain causes of action, summary judgment was improper, although summary adjudication was properly entered as to the causes of action for fraud and constructive fraud.

Appellate Information

• Decided 04/24/2012
• Published 04/24/2012

Judges

• Hollenhorst

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of George F. Dickerman, Borden Law Office