New California Financial Elder Abuse Case – What Is A “Taking” Of Property – Bounds v. Superior Court

Bounds v. Superior Court (KMA Group), California Court of Appeal, Second Appellate District, No. B254505, Filed September 2, 2014.

Holding that on a demurrer to a cause of action for alleged financial elder abuse under the California Elder Abuse and Dependent Adult Civil Protection Act, for a “taking” of property to have occurred it is sufficient for the Complaint to allege that an elder had entered into an unconsummated agreement which, in effect, significantly impaired the value of the elder’s property although title to the property did not occur.  The elder had been deprived of a property right by means of an agreement because although title to the real property did not change hands escrow instructions had been signed which significantly impaired the value of the property owned by the Trust.

Dave Tate, Esq. (San Francisco and California),