Plaintiffs’ suit against family members for elder abuse of their deceased grandmother dismissed for lack of standing

Lickter v. Lickter, C061782, concerned a challenge to the trial court’s grant of defendants’ motion for summary judgment for lack of standing, in plaintiffs’ suit against their father, their half-sisters, and their half-sisters’ mother for elder abuse and other related causes of action that had belonged to their grandmother when she died.

 

The court also held that there was no triable issue of fact as to whether one of the half-sisters acted in bad faith or engaged in reckless, malicious, oppressive, or fraudulent conduct, she cannot be deemed to have predeceased the grandmother under Probate Code section 259.  Lastly, even if the trial court erred in denying plaintiffs’ motion to compel the half-sister to answer certain deposition questions, plaintiffs have failed to show any prejudice from that error because they failed to show it is reasonably probable they could have avoided summary judgment if the trial court had compelled the half-sister to answer.

Related Link:

  • Read the California Court of Appeals for the Fourth District’s Full Decision in Lickter v. Lickter, C061782

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