New CA Elder Law Case

 
 
I offer Lawyer Master Mentoring™ to help less experienced civil lawyers throughout the U.S. quickly learn essential law practice skills, think strategically in preparing and presenting their cases, avoid mistakes, and implement excellent systems to win more, make more money and create their dream law practices.  
 
Law school doesn't teach you how to practice law in the real world. Newer lawyers need someone with real life experience to mentor them. But unlike when I started practicing in 1980, today very few new lawyers get mentoring to help them learn how to practice law right.  
 
I can help. I've been a California civil trial lawyer since 1980, a member of the American Board of Trial Advocates since 1995, and I've been listed in The Best Lawyers in America every year since 2012. I've represented both plaintiffs and defendants in business, insurance bad faith and coverage, personal injury, real property and wrongful death cases, I've recovered over $50 million for plaintiff clients, and obtained numerous defense verdicts and good settlements for defense clients. I've tried over 100 jury, court and administrative trials and arbitrations. For many years, I've provided mentoring to many less experienced lawyers in California.
 
Working with me, you can quickly develop the skills, strategies, and systems necessary to build you dream law practice. How will it feel to be an incredibly successful and highly respected lawyer in your practice areas? Today is the day to start creating your future. 
 
Click the link to learn more about Lawyer Master Mentoring™, or email me at [email protected] or call me at (619) 990-4312.



Great lawyers and judges keep current with the new published civil case law in their practice areas. It's easy if you find an excellent case summary subscription service. You'll save time and easily keep up with the new cases in your practice areas to win more and make more money. I offer just such a case summary service with California Case Summaries™, where I provide short summaries (one-paragraph), organized by legal topic, of every new published civil case in California in monthly, quarterly and annual publications.   
 
To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here.

Below is a discussion of a new CA civil case published last month.

Elder Abuse

In a Financial Elder Abuse action, last month the First District Court of Appeal addressed the issues of whether the plaintiff can obtain a pretrial right to attach order, and what amounts can be covered by such an order. A video discussing the case is above and my summary of the case is below.

New Elder Abuse Decision  

Royals v. Lu (2022) _ Cal.App.5th _ , 2022 WL 2800956: The Court of Appeal reversed the trial court's order granting plaintiff's request for a pretrial right to attach order (RTAO) in the sum of $3,440,000 against defendant under section 15657.01 of the Elder Abuse and Dependent Adult Civil Protection Act (the Elder Abuse Act; Welfare & Institutions Code, section 15600 et. seq.) After plaintiff filed her petition, defendant filed a cross-petition. Both made competing claims of Elder Abuse against the other. A financial elder abuse claimant may obtain an attachment for potential compensatory damages and an award of attorney fees and costs associated with those damages, but only if the request for it complies with all applicable provisions of the statutory scheme governing pretrial attachments (the Attachment Law; Code of Civil Procedure, section 481.010 et. seq.). The Court of Appeal reversed the trial court, concluding that defendant's attachment application did not comply with four provisions of the Attachment Law. It was not (i) supported by competent evidence (id., section 482.040), (ii) did not on an attachable "amount" (id., section 484.020(b)), (iii) was not based on a claim upon which an attachment may be issued (id., section 484.020(a)), and (iv) was not measured by the defendant's claimed "indebtedness" to the plaintiff (id., section 483.015(a)(1)). Ruling on an issue of first impression, the Court of Appeal held that potential punitive damages and statutory penalties in a financial elder abuse claim may not be secured by the extraordinary remedy of a pretrial attachment. (C.A. 1st, July 18, 2022.) 


Civil Litigation Services

I still take a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.


Mediation, Arbitration and Referee Services

I also help attorneys and their clients by serving as a mediator, arbitrator and referee at ADR Services, Inc., handling cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule an ADR matter with me, contact my case manager at ADR services, Haward Cho,  [email protected], (213) 683-1600.  



Until my next blog post, stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
Lawyer Master Mentoring™
Civil Trial Attorney  
Mediator, Arbitrator & Referee
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected] 

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