Judge: Linda S. Marks, Case: 2021-01187129, Date: 2022-11-28 Tentative Ruling

Motion for Judgment on the Pleadings filed by Vu Q. Le on 7/27/22

Defendant Vu Quang Le seeks an order granting judgment on the entirety of the Complaint pursuant to CCP§438.

Plaintiff (daughter of Decedent) alleges her brother, Defendant Vu Quang Le engaged in financial elder abuse of their father by exercising undue influence and convincing their father to name Defendant Le as the primary beneficiary on all five annuity policies and to change the pay on death beneficiary of the Chase Bank account to himself, where Plaintiff had been the primary beneficiary. Complaint¶¶9, 13, 14.

As to whether Defendant’s acts were egregious enough to constitute “undue influence”, it would appear there are various facts/evidence the trier of fact will ultimately take into “consideration”—but not on a Judgment on the Pleadings. [See W&I Code§ 15610.70]

As such, it appears there are sufficient facts pled to put moving Defendant Vu Quang Le on notice of the claims against him. [See Welf. & Inst.C. § 15610.30(a); Mahan v. Charles W. Chan Ins. Agency, Inc., 14 Cal. App. 5th 841, 862-63 (1st Dist. 2017);Keading v. Keading (2021) 60 Cal.App.5th 1115.]

As to standing, Plaintiff has sufficiently pled facts establishing her right to bring the claims. [Welf. & Inst. Code, § 15657.3(d); Complaint¶10; ROA 4, Declaration of Helen K. Le in Support of Elder Abuse Claim.]

Tentative Ruling: The motion for Judgment on the Pleadings is DENIED.

The Request for Judicial Notice is denied as unnecessary to the Court’s ruling at this time.

Plaintiff to give notice.