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Jul
2020

Summary Adjudication Granted in Assault, Battery and Elder Abuse Case

 General

Los Angeles Superior Court grants OLG’s Motion for Summary Adjudication. In an action alleging assault, battery, and elder abuse at a senior-living apartment, OLG successfully moved for summary adjudication on the grounds that – among other things – such allegations were not within the course and scope of employment. This ruling removed the bases for Plaintiff’s recovery of punitive damages and attorneys’ fees, substantially reducing exposure for the client.

OLG represented the owner of an apartment building that employed a site manager who Plaintiff claimed attacked her, which claim was vigorously disputed by all defendants and unsupported by the evidence. OLG filed a motion for summary adjudication that there were no triable issues of material fact as to the assault, battery and elder abuse causes of action. The Court noted that Plaintiff cited no admissible evidence that the manager instigated the incident because of his job instead of it being a simple personal dispute between two individuals. The Court found no custodial relationship between Plaintiff and Defendants; thus, Plaintiff could not maintain an elder abuse cause of action. Finally, the Court agreed with OLG that Plaintiff provided factually devoid discovery responses that failed to show what evidence Plaintiff could offer to support essential elements of these specific claims against Defendants. (Union Bank v. Superior Court (1995) 31 Cal.App.4th 573, 590.) In contrast, OLG produced evidence showing that Plaintiff could not reasonably obtain evidence to support her claims. On this basis, the Court granted OLG’s motion for summary adjudication as to the assault, battery and elder abuse causes of action.

Erik Overlid wrote the winning motion for summary adjudication and Kathy D’ Andrea wrote the reply and successfully argued the motion.