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Motion for Summary Judgment Granted in Alleged Elder-Financial Abuse Case


Los Angeles Superior Court grants OLG’s motion for summary judgment in alleged elder-financial abuse case on the grounds that the alleged wrongful acts occurred before OLG’s client purchased the business thereby ending the case against OLG’s client.

Plaintiff, a court appointed administrator of decedent’s Estate, alleged that an in-home care giver, who was allegedly employed by OLG’s client, an in-home supportive care provider business, assigned to provide in-home services to the decedent, took advantage of decedent and defrauded him of his home and finances by inducing him to sign a will bequeathing his property to the caregiver. Rajeev S. Patel conducted targeted discovery and used Plaintiff’s responses to support a summary judgment motion he drafted in which he argued (1) the alleged tortious acts occurred before OLG’s client purchased the franchise business with whom the care-giver actually worked when the alleged elder financial abuse occurred; (2) that in purchasing the franchise business, OLG’s client did not assume tortious liabilities of the franchise seller; and (3) that the acts of the caregiver did not occur within the course and scope of employment with OLG’s client after it had purchased the franchise. Plaintiff opposed the motion. The court’s tentative ruling was to grant summary judgment in favor of OLG’s client on all points raised. Plaintiff submitted on the tentative ruling and the court entered judgment in favor of OLG’s client and against Plaintiff.

Rajeev S. Patel wrote the motion and reply to Plaintiff’s opposition.