Das

Das v. Bank of America, N.A.

Good Law
112 Cal. Rptr. 3d 439·186 Cal. App. 4th 727·2010 Cal. App. LEXIS 1126
Court of Appeal of CaliforniaJune 28, 2010B221002California6,778 words

Opinion

Opinion

Manella, J.

Appellant Baishali Das asserted claims based on the elder abuse statutes (Welf. & Inst. Code, § 15600 et seq.), alleging that respondent Bank of America, N.A., failed to report financial abuse involving her father (now deceased), and engaged in other misconduct regarding him. After sustaining demurrers to appellant’s claims without leave to amend, the trial court entered a judgment of dismissal. Although appellant’s complaints vividly depict the reprehensible victimization of her father by third parties, they allege no facts supporting claims against respondent. We therefore affirm.

FACTS

Appellant’s original and first amended complaints allege the following facts: Kaustubh K. Das, appellant’s father, was bom in 1933. In August 2004, Kaustubh experienced a stroke or strokes. He was found to have brain tumors, and developed ischemic vascular dementia. His ability to move and speak was impaired; he experienced deficits in language, communication, reasoning, personality, and judgment; and he experienced mood swings. As a result, his ability to assess the consequences of his actions and the motivations of other people was “severely compromised,” as was his capacity to…

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