Stouffer

Stouffer v. Jones CA4/1

Good Law
Court of Appeal of CaliforniaMay 18, 2023D078980California995 words

Opinion

Opinion

Dato, J.

DISCUSSION

A. The Order Is Supported by Substantial Evidence

The court may issue a protective order for an elder who has suffered

“abuse” as defined in Welfare and Institutions Code, section 15610.07.2 (§ 15657.03, subd. (a)(1).) Under this broad definition, “abuse” includes “treatment with resulting physical harm or pain or mental suffering.” (§ 15610.07, subd. (a)(1).) It can consist of “ ‘serious emotional distress that is brought about by . . . intimidating behavior [or] harassment.’ ” (Darrin v. Miller (2019) 32 Cal.App.5th 450, 453–454.) The level of proof required is a preponderance of the evidence. (Gdowski v. Gdowski (2009) 175 Cal.App.4th 128, 137.) We review the findings necessary to support the protective order for substantial evidence, resolving all conflicts in favor of the prevailing party and indulging “all legitimate and reasonable inferences in favor of upholding the trial court’s findings.” (Bookout, supra, 155 Cal.App.4th at pp. 1137– 1138.) The trial court’s resolution of factual disputes between the parties will not be disturbed on appeal. (Ibid.) Jones contends the Order was issued “[w]ithout any evidentiary support . . . .” But the record contains…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.