California Legal Implications: Prioritizing Elder Protection Over Procedural Delays
In the recent California appellate case White v. Davis, the court addressed a critical conflict between the urgent need for Elder Abuse Restraining Orders (EARO) and procedural tactics used to delay them. The court ruled that while defendants attempted to use an anti-SLAPP motion to strike down the restraining order request, the trial court abused its discretion by delaying the hearing on the elder’s safety. This decision underscores that the immediate protection of a senior against financial abuse and undue influence takes precedence over complex procedural maneuvers in California probate litigation. takes precedence over complex procedural maneuvers in California probate litigation.
The Role of Elder Abuse Restraining Orders
In California, an EARO is a specific legal tool designed to offer immediate protection to seniors (age 65+) who are suffering from physical, mental, or financial abuse. In the context of estate planning, this often arises when a bad actor isolates an elder to coerce them into changing their trust or will..
In *White v. Davis*, a trustee sought an EARO to prevent the settlor’s second wife and her associates from isolating the settlor and forcing changes to his estate plan. The appellate court emphasized that because these orders are designed to stop immediate harm, hearings regarding them should not be unnecessarily delayed.
Anti-SLAPP Motions in Probate Disputes
An anti-SLAPP motion (Strategic Lawsuit Against Public Participation) is a legal filing intended to dismiss lawsuits that threaten free speech or petitioning rights. However, in contentious trust disputes, defendants sometimes use these motions to stall proceedings. (Strategic Lawsuit Against Public Participation) is a legal filing intended to dismiss lawsuits that threaten free speech or petitioning rights. However, in contentious trust disputes, defendants sometimes use these motions to stall proceedings.
In this case, the defendants argued that their attempts to change the estate plan were “protected activities” involving litigation, and therefore the EARO was an illegal attack on their rights. The court rejected this, clarifying a vital point for California estate planners: estate planning is not a protected activity under the anti-SLAPP statute. The actions taken to isolate and confuse the elder were evidence of abuse, not protected speech. under the anti-SLAPP statute. The actions taken to isolate and confuse the elder were evidence of abuse, not protected speech.
The Danger of Automatic Stays
One of the most significant aspects of this ruling involves the “automatic stay.” Generally, when a party appeals a denial of an anti-SLAPP motion, the underlying case is paused (stayed) until the appeal is resolved.
The appellate court found that the trial court erred by waiting to hear the EARO until after the anti-SLAPP motion was decided. By doing so, the court left the elder vulnerable to continued abuse during the lengthy appeal process. The ruling clarifies that trial courts have the case management power—and the duty—to ensure that requests for protective orders are heard concurrently or prioritized to prevent ongoing harm to the senior.
Understanding Probate Code Section 1471
The decision also touched upon Probate Code section 1471, which governs when a court must appoint independent legal counsel for a ward or conservatee. The court clarified that an application for an EARO does not automatically trigger the mandatory appointment of independent counsel under this specific code section, as EARO proceedings are not among the five specific types of proceedings enumerated in the statute., which governs when a court must appoint independent legal counsel for a ward or conservatee. The court clarified that an application for an EARO does not automatically trigger the mandatory appointment of independent counsel under this specific code section, as EARO proceedings are not among the five specific types of proceedings enumerated in the statute.
About This Case
Source: White v. Davis (EARO vs Anti-SLAPP Timing)
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Legal Disclaimer
This article is for informational purposes only. Consult with a qualified California estate planning attorney for advice specific to your situation.
About the Author: Dustin MacFarlane, Esq.
California Licensed Attorney | Estate Planning Specialist
Dustin MacFarlane is the founder of California Probate and Trust, PC, with over 15 years of experience in estate planning, probate administration, and trust law. Licensed by the California State Bar, Dustin has helped thousands of California families protect their assets and plan for the future.
CA Bar License: Active | Practice Areas: Estate Planning, Probate, Trust Administration | Location: Granite Bay, CA