Case Studies

Successful Defense of Law Firm and its Attorneys Against Allegations of Elder Abuse

Robert Lucas successfully defended a law firm and its attorneys against allegations of elder abuse arising out of their handling of a real estate transaction. In the underlying matter, the plaintiff and his brother, whom the law firm represented, jointly owned property. The plaintiff alleged that the law firm assisted his brother in obtaining loans against the property that prevented the plaintiff from selling his share of the property. The plaintiffs' brother, represented by the law firm, then sued to quiet title, and the plaintiff cross-complained claiming elder abuse against both his brother and the law firm. Mr. Lucas demurred to the cross-complaint arguing that the plaintiff was prevented from suing the law firm under Civil Code section 1714.10, which prohibits lawsuits against an attorney and their client for conspiracy. The filing of the demurrer resulted in the plaintiff dismissing his cross-complaint against the law firm.

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