White v. Davis

E077320

California Court of Appeal, Fourth Appellate District · Filed

Published · citable

Holding

The court held that Laura White, as cotrustee of the Thomas S. Tedesco Living Trust, has standing to seek elder‑abuse restraining orders (EAROs) on behalf of her father, that the underlying conservatorship and White’s cotrustee status are valid, and that the trial court correctly denied the defendants’ anti‑SLAPP motions. However, the appellate court found the trial court abused its discretion by failing to employ case‑management tools—specifically, by not granting temporary EARO relief pending resolution of the anti‑SLAPP motions or by hearing the EARO applications together with those motions. Accordingly, the matter was remanded for the trial court to proceed to trial on the remaining EARO applications (all defendants except Russell Lowell Davis, whose anti‑SLAPP motion was deemed moot). ---

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