Newman v. Casey

Summary

The court held that sufficient evidence supported elder abuse restraining orders (EAROs) under Welfare and Institutions Code § 15657.03 based on undue influence in a property transfer, but the trial court exceeded its statutory authority by ordering the deed void ab initio, as the statute only authorizes specific enumerated restraining orders, not permanent rescission of property transfers. The case addresses financial elder abuse, undue influence factors, and the limited scope of remedies available under the EARO summary procedure.

Holdings

1. Sufficient evidence supports the restraining orders because there is substantial evidence of undue influence under the four-factor test of section 15610.70.
2. The trial court exceeded its statutory authority because section 15657.03 only authorizes enumerated restraining orders, not a permanent order voiding a deed.

Questions Presented

1. Whether sufficient evidence supported the elder abuse restraining orders under Welfare and Institutions Code section 15657.03.
2. Whether the trial court had authority under section 15657.03 to declare the deed void ab initio.

Disposition

affirmed in part, reversed in part