32 Cal. App. 5th 450
Cal. Ct. App. 5th2019Background
- Plaintiff Jude Darrin (81) filed for an elder-abuse restraining order under the Elder Abuse Act against neighbor Sandra Miller, alleging repeated harassment, threats, property destruction (including removal of a boundary fence), and conduct causing fear and anxiety.
- Trial court issued a temporary restraining order and set a hearing; at the hearing Miller moved for nonsuit, arguing Darrin lacked standing because Miller was only a neighbor (no caretaking/custodial relationship or control of property).
- Darrin's counsel described facts in an opening statement asserting Miller’s "vicious behavior," property damage, and intimidation causing mental suffering as defined by the statute.
- Trial court granted nonsuit, vacated the TRO, and dismissed the petition for lack of standing; Darrin appealed.
- Court of Appeal reversed: held the Elder Abuse Act’s definition of "abuse" (including "other treatment" causing physical harm or mental suffering) is not limited to persons in a special caretaking or custodial relationship with the elder, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether "other treatment" causing mental suffering under Welf. & Inst. Code §15610.07(a)(1) requires a special relationship (caretaker/custodian) between alleged abuser and elder | Darrin: statute’s plain language allows a restraining order against any individual whose conduct causes physical harm or mental suffering to an elder, regardless of relationship | Miller: absent care/custody/control, Darrin lacks standing under the Elder Abuse Act; trial court dismissed on that basis | Court: statute does not require a special relationship for "other treatment" abuse; trial court erred in dismissing for lack of standing and must allow Darrin to present evidence |
Key Cases Cited
- Larkin v. Workers' Comp. Appeals Bd., 62 Cal.4th 152 (statutory interpretation principles)
- Gordon B. v. Gomez, 22 Cal.App.5th 92 (restraining order against neighbor under Elder Abuse Act)
- Bookout v. Nielsen, 155 Cal.App.4th 1131 (Elder Abuse Act restraining order where parties had non-caretaking residential interaction)
- Gdowski v. Gdowski, 175 Cal.App.4th 128 (Elder Abuse Act order against family member without clear caretaking role)
- Marvin v. Adams, 224 Cal.App.3d 956 (party cannot raise new nonsuit arguments on appeal)