Judge: Glenn R. Salter, Case: 23-1318153, Date: 2023-07-27 Tentative Ruling

The demurrer of the cross-defendant to the cross-complaint is OVERRULED with 10 days to answer.

The cross-complainant has standing under the code to sue for financial elder abuse as he is the son of the decedent and there are no other potential claimants that hold a superior claim.

The first cause of action sufficiently states a claim for financial elder abuse.  It is alleged that the decedent was not of sound mind and that the cross-defendant obtained her signature on a quit claim deed and other documents for his own financial gain.

The second cause of action sufficiently states a claim for declaratory relief.  The demurrer is based on the same arguments above that have been rejected.

The cross-complainant shall give notice.