Elias
Elias v. Volpe CA4/3
Opinion
Opinion
Moore, J.
STATEMENT OF FACTS3
David, who alleges he is disabled, was living at his elderly mother Delia’s home. David appears to have at least two brothers, Paul and Albert, and one sister, Elizabeth. According to David, Paul is severely
1 Because this matter involves a family dispute among members
bearing the same surname, we refer to the family members by their first names. 2 Since the trial court in this matter referred to the restraining
order case as Elias Elder Abuse, we adopt the same nomenclature. 3 The record filed in this matter was extremely scanty. Only the
register of actions, final ruling, exhibit list, judgment, and several posttrial filings were included in the clerk’s transcript. On our own motion, we take judicial notice of David’s complaint, amendment to the complaint, and proof of service of same in the underlying matter, Elias v. Elias (Super. Ct. Orange County, 2021, No. 01210514), as court records. (See Evid. Code, § 452, subd. (d).) We take judicial notice of the allegations and statements made in these documents, and not their truth or accuracy.
2 mentally disabled and also lives at Delia’s home. When their father died, the siblings disagreed over how the…