Wood

Wood v. Santa Monica Escrow Co.

Good Law
151 Cal. App. 4th 1186·2007 Cal. App. LEXIS 940·60 Cal. Rptr. 3d 597
Court of Appeal of CaliforniaJune 7, 2007B187802California1,505 words

Opinion

Opinion

Gilbert, J.

Welfare and Institutions Code section 15657.5, subdivision (a), provides for an award of attorney fees to a plaintiff who prevails on a cause of action alleging financial abuse of an elder adult. There is no reciprocal provision for a prevailing defendant. Here the complaint alleged a cause of action for elder abuse, as well as causes of action for which attorney fees may be awarded based on contract. All causes of action arose from the same transaction. Defendant therefore is not entitled to attorney fees. (Carver v. Chevron U.S.A., Inc. (2004) 119 Cal.App.4th 498 [ 14 Cal.Rptr.3d 467 ].) We affirm.

FACTS

Craig Wood is the personal representative of the Estate of Merle A. Peterson and trustee of the Peterson Family Trust. Wood filed a complaint alleging that Patrick McComb and Eddie Jamison participated in a scheme to deprive the elderly Peterson of her property by inducing her to obtain a loan secured by her residence. Peterson obtained a loan for $250,000, the proceeds of which were distributed to McComb. Santa Monica Escrow Company (hereafter Santa Monica) acted as escrow holder for the loan.

The complaint alleged three causes of action against Santa Monica:…

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