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Ritch v. Bobb Filing 78

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Ritch v. Bobb Filing 78 MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Proceedings: MOTION for Mandatory Award of Attorney Fees on Anti-Slapp Motion 74 . The Court hereby GRANTS defendants’ motion for attorneys’ fees in the amount of $15,281.73. (mg) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. CV 06-4795 CAS (JWJx) Date March 16, 2009 Title RICKY RITCH, ET AL. V. AVIVA BOBB, ET AL. 1 Plaintiffs sued the following defendants: Aviva Bobb; William MacLaughlin; Mitchell Beckloff; Brenda Penny; Ronald Berman; James Schneiders; Lisa MacCarley; Christopher Johnson; David Coleman; Andrea Stern-Hodges; Herman Stern; Howard Stern; Berman & Berman; Oldman, Colley, Sallus, Gold, Birnberg & Coleman; Russakow, Ryan & Johnson; Claudia L. Kriegenhofer; Magnolia Gardens; EncinoTarzana Regional Medical Center; Officer G. Yang; Officer A. Storga; Lee Baca; Los Angeles County Superior Court; Los Angeles County Sheriffs Department; and Does 1 to 10. On September 11, 2006, plaintiffs filed a first amended complaint, which added as defendants Retirement Advisors of America and Officer Astorga. CV-90 (06/04) CIVIL MINUTES – GENERAL Page 1 of 4 Present: The Honorable CHRISTINA A. SNYDER CATHERINE JEANG Not Present N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (In Chambers:) MOTION FOR MANDATORY AWARD OF ATTORNEYS’ FEES ON ANTI-SLAPP MOTION (filed February 26, 2009) The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of March 23, 2009, is hereby vacated, and the matter is hereby taken under submission. I. INTRODUCTION This case arises from a probate proceeding in Los Angeles County Superior Court. On August 1, 2006, plaintiffs Ricky Ritch and Donna… Read More

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When the Guardian is An Abuser

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CHAPTER SUMMARY • June 2019 Dari Pogach and Erica Wood, American Bar Association Commission on Law and Aging Introduction Courts name guardians to protect adults from abuse, neglect, or exploitation; however, in some circumstances, guardians are the perpetrators of such actions. Guardians wield immense power over adults in their care. More information is needed on the extent and consequences of abuse by professional and family/ non-professional guardians. Recent government and media reports have highlighted egregious cases in which guardians have taken advantage of their positions. What can an advocate do when a guardian is a perpetrator of abuse? In this issue brief, the generic terms “guardian” or “guardianship” refer to guardians of the person as well as guardians of the property, frequently called “conservators,” unless otherwise indicated. The term “abuse” refers to abuse, neglect, or exploitation, unless otherwise indicated. Case Examples1 EXAMPLE 1 Mr. G, injured at birth, receives monthly settlement and periodic lump sum payments, and has had a guardian his entire adult life. The court ordered that all Mr. G’s money be placed into a trust and a professional fiduciary appointed to handle the finances. During the 12 years of the trust, the professional fiduciary made numerous interest-free “loans” to himself, to his friends, and to his speculative business ventures. The fiduciary paid himself trustee and accounting fees, without accounting to the court. An attorney appointed to represent Mr. G subpoenaed and combed through years of bank records to uncover the fiduciary’s actions; appointed a special master to perform a forensic accounting; and brought a recovery action against the fiduciary, obtaining a judgment of over $300,000. The fiduciary has since been charged criminally. EXAMPLE 2 Mr. S became comatose after a serious fall. His adopted daughter, appointed as… Read More

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