Gdowski v. Gdowski, No. G040975

Trial court issuance of a protective order against defendant under the Elder Abuse and Dependent Adult Civil Protection Act is reversed where: 1) a protective order under the Elder Abuse Act may issue on the basis of evidence of past abuse, without any particularized showing that the wrongful acts will be continued or repeated; and 2) the trial court erred in basing its decision in issuing the protective order on counsel's conduct rather than on substantial evidence.      

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Appellate Information
Appeal from an order of the Superior Court of Orange County, Thomas H. Schulte, Temporary Judge. Reversed.
SECOND APPELLATE DISTRICT, DIVISION THREE
Filed: June 23, 2009

Judges
Before FYBEL, J., SILLS, P. J., IKOLA, J.
Opinion by FYBEL, J.

Counsel
For Plaintiff: Law Offices of Marjorie G. Fuller, Marjorie G. Fuller and Lisa R. Wiley.

For Defendant: Cox, Castle & Nicholson and Stanley W. Lamport.