Alvandi

FACTS AND PROCEDURAL BACKGROUND

According to the case summary, Alvandi filed a complaint on January 27, 2011, and an amended complaint on May 9, 2011. Neither complaint is part of the record on appeal. Alvandi apparently alleged causes of action for financial elder abuse and constructive trust against all four defendants, intentional infliction of emotional distress against Albert and Melvin, and causes of action solely against Ramona for neglect and physical elder abuse, breach of fiduciary duty, breach of oral contract and quiet title. A bench trial began on October 10, 2012. After four days of proceedings, on December 3, 2012, Alvandi filed a motion to exclude any evidence that Ramona and Albert did not physically abuse him on a certain date. Alvandi argued that the issue of

1 The parties who share the same last name will be referred to individually by their first names for ease of reference.

2 physical abuse had been litigated and decided in connection with a restraining order, and therefore, the doctrine of issue preclusion barred relitigation of the issue. Alvandi relied on the following comment by the trial court at the hearing on a restraining order: “It’s pretty…