Knox v. Dean II

I. INTRODUCTION

Plaintiff, cross-defendant, and appellant Donna Jean Knox, individually and as successor conservator and guardian ad litem for Blaine H. Knox, 1 appeals from judgment in favor of defendant, cross-complainant, and respondent Lawrence A. Dean II, Blaine’s former conservator, on Donna’s complaint for damages under the Elder Abuse and Dependent Adult Civil *421 Protection Act (the Act) (Welf. & Inst. Code, § 15600 et seq.) and default judgment in favor of Dean on his cross-complaint. 2 Donna contends the trial court erred in failing to apply protections under the Act that supersede Probate Code section 2103, subdivision (b), and in failing to allow a challenge to prior probate accounting orders. Donna also contends (1) the trial court erred in failing to transfer the case to the probate court, (2) triable issues of material fact existed that should have precluded summary judgment, and (3) the trial court erred in its evidentiary rulings.

Dean argues that (1) Donna’s claims for acts up to April 30, 2006, are barred by res judicata under Probate Code section 2103, subdivision (b), based on final orders settling conservatorship accounts and reports, and (2)…