Garlick

Garlick v. Wells Fargo Bank CA3

Good Law
Court of Appeal of CaliforniaAugust 3, 2022C093378California4,860 words

Opinion

Opinion

Renner, J.

I. BACKGROUND

Lynn is a septuagenarian. She suffered a hemorrhagic stroke in October 2012, which left her physically and mentally weakened, but not incapacitated. According to the petition, Lynn requires assistance with daily activities and experiences episodes of

2 confusion and disorientation. Despite these limitations, which are said to be apparent, Lynn insists that she has always retained capacity to manage her affairs. Brandi is Lynn’s former daughter-in-law. Brandi lived with Lynn during the four- year period at issue in this case. According to the petition, “Brandi exercised near complete control over Lynn. She decided what Lynn ate, when she ate, what room she occupied in the house, in what town they would live, when Lynn could leave the house, and who Lynn could see.” Over time, Brandi came to act as Lynn’s caregiver, transporting Lynn to doctor’s appointments and administering her medication. According to the petition, Brandi neglected Lynn, causing her to develop bedsores and sepsis. As relevant here, the petition alleges that Brandi also manipulated Lynn and subjected her to undue influence and financial elder abuse. These allegations are described in greater detail…

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