Elder Abuse
San Diego Elder Abuse Attorneys
Khashayar Law Group represents elders, dependent adults, and their families in California elder abuse claims. California's Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code §§15600–15675) provides enhanced remedies — including attorneys' fees, costs, and (with clear and convincing evidence of recklessness, oppression, fraud, or malice) survival of pre-death pain and suffering damages that ordinarily abate at death. The remedies are powerful and the cases are emotionally difficult.
California Elder Abuse Categories
California Welfare & Institutions Code §15610 et seq. defines several abuse categories:
- Physical abuse — bodily injury, sexual assault, unlawful chemical or physical restraint (§15610.63).
- Financial abuse — taking, secreting, appropriating, or retaining real or personal property of an elder for a wrongful use, with intent to defraud, or by undue influence (§15610.30).
- Neglect — failure by a person responsible for the elder's custody or care to exercise the degree of care that a reasonable person in a like position would exercise (§15610.57).
- Abandonment — desertion or willful forsaking of an elder by a person having care or custody (§15610.05).
- Isolation — actions or interference designed to prevent contact between an elder and concerned family (§15610.43).
Enhanced Remedies Under the Elder Abuse Act
The Elder Abuse Act provides enhanced remedies unavailable in ordinary negligence cases. Under Welfare & Institutions Code §15657, when a defendant is found liable for physical abuse, neglect, or fiduciary abuse by clear and convincing evidence and is guilty of recklessness, oppression, fraud, or malice, the elder (or the elder's estate) may recover attorneys' fees, costs, and — critically — the pre-death pain and suffering damages that ordinarily abate at death.
How Khashayar Law Group Handles These Matters
Khashayar Law Group approaches every matter with the same trial-ready discipline that produced over $165 million in recoveries firm-wide. Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco.
ABOTA Membership and What It Means for Clients
Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. The firm has recovered more than $165 million for clients and prepares every matter — transactional or litigated — with the trial-readiness corporate counterparties respect.
Time Limits and Governing California Law
The statute of limitations for elder abuse claims varies by theory. Physical abuse and neglect generally fall under California Code of Civil Procedure §335.1 (two years). Financial abuse is typically governed by §15657.7 (four years from discovery). Wrongful death claims are governed by §335.1. Government claim requirements under §911.2 (six months) apply when a public entity is involved.
Frequently Asked Questions
What is California financial elder abuse?
Under Welfare & Institutions Code §15610.30, taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use, with intent to defraud, or by undue influence. The remedies include damages, attorneys' fees, and treble damages in some cases.
Who can file an elder abuse claim in California?
The elder or dependent adult, the elder's conservator or guardian ad litem, the elder's personal representative after death, and certain interested persons (Welfare & Institutions Code §15657.3). Surviving family may pursue both elder abuse and wrongful death claims when an elder dies as a result of abuse.
What is "undue influence" in California?
Defined in Welfare & Institutions Code §15610.70 as excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and resulting in inequity. The statute lists factors courts consider, including the influencer's authority over the elder, the elder's vulnerability, and the equity of the result.
Can pre-death pain and suffering be recovered after an elder dies?
Under California's standard survival statute (CCP §377.34), pre-death pain and suffering damages typically abate at death. The Elder Abuse Act creates an exception under §15657 — when liability is proved by clear and convincing evidence with reckless, oppressive, fraudulent, or malicious conduct, pre-death pain and suffering survives.
How long do I have to file an elder abuse claim in California?
Two years for physical abuse and neglect under California Code of Civil Procedure §335.1. Four years from discovery for financial elder abuse under §15657.7. Six months for a written government claim under Government Code §911.2 if a public entity is involved.
Talk to a San Diego Elder Abuse Attorney
Khashayar Law Group serves clients throughout San Diego and California. Consultations are free and confidential. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.
