Hilliard

*1008 Appellant, James C. Hilliard, now 78 years of age, filed a complaint making the sole claim that Kevin R. Harbour (Harbour) 1 and Wells Fargo Capital Finance, *614 LLC, (Wells Fargo or the Bank) took or assisted in taking his property for wrongful use, with intent to defraud, or by undue influence, in violation of section 15610.30, subd. (a)(1)(2) of the Welfare and Institutions Code section, a provision of the Elder Abuse and Dependent Adult Civil Protection Act (the Act). (§§ 15600 et seq.)

On January 26, 2015, Wells Fargo demurred to the first amended complaint. The demurrer was sustained without leave to amend on the grounds that Hilliard lacked standing to sue for the alleged harm to his ownership interest in the property assertedly taken from him by Wells Fargo, and that his complaint fails to state facts sufficient to constitute a cause of action.

FACTS AND PROCEEDINGS BELOW

As the appeal is from the sustaining of a demurrer, we accept as true the facts as stated in the complaint.

Hilliard owned a controlling interest in the James Crystal Companies (the Companies) which owned and operated radio stations. 3 On December 5, 2003, the Companies entered into a Loan…