In re Estate of Leichman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a breach of contract and bad faith are both required for elder abuse based on breach of contract
• holding “to establish a ‘wrongful 4 use’... . the elder must demonstrate a breach of the contract, or other improper conduct” 5 || that defendant “knew or should have known .. . is likely to be harmful to the elder”
• stating that the statute “imposes a requirement in addition to the mere breach of the 21 contract term relating to the property, as the existence of such a breach ordinarily does not hinge 22 on the state of mind or objective reasonableness of the breaching party’s conduct.”
• stating that the statute “imposes a 6 requirement in addition to the mere breach of the contract term relating to the property, as the 7 existence of such a breach ordinarily does not hinge on the state of mind or objective 8 reasonableness of the breaching party’s conduct.”
• stating 16 that the statute “imposes a requirement in addition to the mere breach of the contract term relating 17 to the property, as the existence of such a breach ordinarily does not hinge on the state of mind or 18 objective reasonableness of the breaching party's conduct.”
• “[W]e conclude that under subdivision (b) of 15610.30, wrongful conduct occurs only when the party who violates the contract actually knows that it is engaging in a harmful breach, or reasonably should be aware of the harmful breach.”

Source: CourtListener parenthetical corpus (CC0).