Trial court issuance of a protective order against defendant under the Elder Abuse and Dependent Adult Civil Protection Act is reversed where: 1) a protective order under the Elder Abuse Act may issue on the basis of evidence of past abuse, without any particularized showing that the wrongful acts will be continued or repeated; and 2) the trial court erred in basing its decision in issuing the protective order on counsel’s conduct rather than on substantial evidence.
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Appellate InformationAppeal from an order of the Superior Court of Orange County, Thomas H. Schulte, Temporary Judge. Reversed. SECOND APPELLATE DISTRICT, DIVISION THREEFiled: June 23, 2009
JudgesBefore FYBEL, J., SILLS, P. J., IKOLA, J.Opinion by FYBEL, J.
CounselFor Plaintiff: Law Offices of Marjorie G. Fuller, Marjorie G. Fuller and Lisa R. Wiley.
For Defendant: Cox, Castle & Nicholson and Stanley W. Lamport.
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