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Mobile Home Park Home Owners Allegiance

What is Elder Abuse? In California, elders are defined as persons 65 years and older. Under California law, elder abuse can be both Criminal and Civil. If you are an elder adult (65 years and older) or dependent adult (18-64 who are disabled), you are protected by the California Elder Abuse laws.

Criminal elder abuse occurs where any person who knows that a person is an elder and willfully causes or permits any elder to suffer, or inflicts unjustifiable physical pain or mental suffering on the elder. It also covers situations where a person willfully causes or permits the elder to be placed in a situation in which the elder’s health is endangered.

Civil law defines civil elder abuse to mean physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm, pain, or mental suffering. It also means the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

Carefully read the first two list items below. If you are a senior or dependent adult living in a mobile home park, owned by Kort & Scott Financial Group (KSFG) and managed by Sierra Corporate Management (SCM), you may be a current and/or future victim of Financial Abuse and/or Mental Suffering.

  1. Financial Abuse: The illegal or unethical exploitation and/or use of an elder’s funds, property, or other assets.
    • Potential Examples of Financial Abuse: Your Fixed Income (Elder's Funds), Your Mobile Home (Property), Your Mobile Home Investment (Assets)
  2. Mental Suffering: The infliction of fear, agitation, confusion through threats, harassment or other forms of intimidating behavior.
    • Potential Examples of Mental Suffering: Park Management Retaliation, 7/14 Day Notices, 3/60 Notices, Unlawful Detainer Lawsuits, Economic Evictions

Sat, Jul 9, 2016 – On Wednesday, July 6, 2016, a San Diego civil jury awarded 10 households of the Terrace View Mobile Home Park $58,389,000 in compensatory and punitive damages against the Park owners, Tom Tatum & Jeff Kaplan.

The case involved charging unreasonable rents and other illegal practices causing residents to lose their homes.

At the time of trial, 100 of the 200 spaces at the Terrace View Mobile Home Park were empty or abandoned due to the park owners' practices.

This is the first phase of 49 homes that are part of the lawsuit. The case was tried by James Allen and Jessica Taylor of San Diego based firm Allen, Semelsberger & Kaelin.

Allen Semelsberger & Kaelin, LLP
San Diego Mobile Home Lawyers
600 B Street, Suite 2400, San Diego, California 92101
619-544-0123, 800-895-5053, https://www.ASKLawGroup.com/

Terrace View Mobile Home Estates
13162 Highway 8 Business, El Cajon, California 92021

  • Filing Date: 2013-07-12 – Class Action Lawsuit Filed by Residents
  • Case Title: Aranda vs. Terrace View Partners LP
  • San Diego Superior Court Case Number: 37-2013-00057526-CU-PO-CTL
  • Status Phase I: 2016-07-06 – Plaintiffs Won Class Action Lawsuit
  • Damages Awarded: $58,389,000

Complaint Summary

  1. Nuisance
  2. Breach of Contract
  3. Illegal Change of Use
  4. Negligence
  5. Intentional Interference with Property Rights
  6. Breach of Covenant of Good Faith and Fair Dealing
  7. Breach of Statutes
  8. Breach of Unfair Competition Law
  9. Breach of Warranty of Habitability
  10. Breach of Covenant of Quiet Enjoyment
  11. Eleventh Cause of Action for Elder Financial Abuse by all Senior Citizen Plaintiffs

    119. The Senior Citizen Plaintiffs, as set forth in paragraph 3, are and were 65 years old at the time of the conduct alleged herein.

    120. Defendants took, appropriated, obtained and/or retained or assisted in taking, appropriating, obtaining and/or retaining Senior Citizens' mobilehomes by refusing to approve prospective purchasers of Plaintiffs' mobilehomes, and by raising rents to unreasonably high levels. As a result Senior Citizen Plaintiffs were harmed and have been deprived of their right to sell their homes in the Park and have had to either walk away from their home or to sell them to Defendants for almost nothing.

    121. Defendants' actions and/or conduct alleged herein was done for a wrongful use, with intent to defraud and/or by undue influence by preventing Plaintiffs from selling their mobilehomes in place in the Park, or keeping them there at reasonable rent levels.

    122. Defendants knew or should have known that their actions and/or conduct were likely to be harmful to Plaintiffs and would prevent Plaintiffs from being able to sell their mobilehomes in place in the Park and would result in Defendants taking the financial investments Plaintiffs have in their mobilehomes in violation of Elder Abuse and Dependent Adult Civil Protection Act. Defendants' actions and/or conduct was a substantial factor in causing Plaintiffs' harm. Plaintiffs seek all damages allowed under the Elder Abuse and Dependent Adult Civil Protection Act and all other remedies otherwise provided by law (including, but not limited to, rescission) to compensate them for the harm proximately caused by Defendants.

    123. Defendants were aware of Plaintiffs' right to sell their homes in place and the effect raising rents to unreasonably high levels would have on Plaintiffs' ability to sell their mobilehomes. Defendants deliberately interfered with the sale of Plaintiffs' homes by the actions alleged herein. Defendants subjected them to cruel and unjust hardship in conscious disregard of Plaintiffs' rights. Defendants consciously inflicted economic and personal hardship upon Plaintiffs by interfering with the sale of their mobilehomes which was despicable and Defendants' conduct constitutes oppression, fraud, and/or malice. Defendants' conduct warrants an award of punitive damages.

  12. For Rescission and Declaratory and Injunctive Relief

If you feel that you are the victim of Elder Abuse based on the above definitions, please contact the Adult Protective Services (APS) toll free number listed for your county on this page. You can also report Elder Abuse on behalf of someone else and remain anonymous. These are 24 hour hotlines and help is one phone call away. If you are at risk of losing your mobile home because you signed a 25-30 page long-term lease that you didn't understand, and your rent has now exceeded your fixed income, call the 24 hour number shown for your county.

Calmly explain to the operator what is happening to you. They will listen and then start the process of getting you assistance. This is a serious issue and should be considered an emergency and that is why there are 24 hour toll free numbers for all counties in the State of California. If you are on a device that supports the tel: protocol (most smart phones), you can click/tap the toll free number to begin dialing.

Be prepared to provide as much information that you can about your situation. You will be asked to provide the information for your mobile home park management firm, you can use the information shown below. Once the report is submitted, it may take upwards of ten (10) business days for the next phase depending on the severity of your situation. You will be given a reference number to follow up on your report with Adult Protective Services (APS). During this time, you will be contacted by an appropriate group to discuss your situation further.

Sierra Corporate Management, Inc.
320 North Park Vista Street
Anaheim, California 92806-3722
Phone: 714-575-5130
Fax: 714-575-5139

You've probably signed a 15, 20 or 25-year Sierra Corporate Management long-term lease agreement, with a minimum 8.0, 7.0 or 6.0% annual space rent increase, that you did not fully understand and it was not fully explained to you at the time of signing.

There was no qualified resident representative to sit down with you and explain in detail your options and what you were actually getting yourself into. You had no idea that your mobile home space rent was going to double in twelve (12) years, or triple in twenty (20) years, or quadruple in twenty-five (25) years. You would have never signed that type of long-term lease agreement if it were explained to you in layperson's terms.

You would have never signed that long-term lease agreement had you known that anything with a duration of over twelve (12) months waived your rights to current or future rent control ordinances.

Explain to the abuse hotline operator who answers the phone that you've been groomed into financial hardship due to the way something is written in your long-term lease and you don't know what to do. Let them know that you still don't understand it and ask them why this happening to you?

Let the operator know you may be facing economic eviction if something isn't done promptly. They will need to know that there will soon be a point where you won't be able to afford your mobile home anymore, that you paid for, and that you may be forced into abandoning your mobilehome and facing potential homelessness.

Financial hardships might include 7 and/or 14 day incidental notices to perform exterior home repairs that you could not possibly afford nor could you have performed those repairs in the timeframe given.

You might have received a 7 and/or 14 day notice to comply (inserted into your mail tube) to pull weeds with a minimum charge of $300 or, any other number of financial hardships that are imposed on mobile home residents by SCM that may economically evict you from your mobile home.

Financial hardships may include anything that Sierra Corporate Management has done to you that wasn't being done to you before they purchased your mobile home park. This may include but is not limited to; utility pass-throughs, property tax pass-throughs, trash, water and sewage charges that are 100-200% higher than they were before Kort & Scott Financial Group purchased your mobile home park.

Financial hardships might also include 3/60 notices that could result in the loss of your home, without compensation, within 60 days. Sierra Corporate Management serve residents these 3/60 notices if they refuse to pay the $300 incidental charges because they felt they were unreasonable. This aggressive predatory 7/14/300/3/60 tactic eventually leads to mobile home owners just walking away from their mobile homes, they can't afford to stay any longer and they don't have the resources to stop Sierra Corporate Management.

If you are reading this page right now, you are one phone call away from getting the assistance that you may require. Elder Abuse is a horrible thing and all of us will be elders in our lifetime – we hope. You don't deserve to be treated this way and there are concerned people standing by 24 hour emergency hotlines to help you.

Please, if you are in any of the situations aforementioned on this page, call the toll free number listed for your county. These are state funded agencies and there is no charge to you. These agencies are designed to help you in times of dire need and this is one of those times. Your taxes have paid for these services.

We've listed the ten (10) counties first where Kort & Scott Financial Group own, and Sierra Corporate Management manage an estimated 33 mobile home parks.

Each county in the State of California has an APS agency to help elder adults (65 years and older) and dependent adults (18-64 who are disabled) when they are unable to meet their own needs, or are victims of abuse, neglect or exploitation as outlined above.

County/Website Phone County Address
Contra Costa County 24 Hour Abuse Hotline
877-839-4347
925-602-4179
925-602-4195 Fax
Adult Protective Services
400 Ellinwood Way
Pleasant Hill, CA 94523
Los Angeles County 24 Hour Abuse Hotline
877-477-3646
APS Mandated Reporter Hotline
888-202-4248 (Mon-Fri 8:30 AM to 5:00 PM)
Community & Senior Services
3333 Wilshire Blvd Ste 400
Los Angeles, CA 90010
Nevada County 24 Hour Abuse Hotline
888-339-7248
530-274-3264 Fax
Adult Services
578 Sutton Way PMB 135
Grass Valley, CA 95945
Orange County 24 Hour Abuse Hotline
800-451-5155
714-704-6161 Fax
Social Services Agency
PO Box 22006
Santa Ana, CA 92702-2006
Riverside County 24 Hour Abuse Hotline
800-491-7123
951-358-3969 Fax
Department of Public Social Services
Adult Services Division
4060 Cty Cir Dr
Riverside, CA 92501
Sacramento County 24 Hour Abuse Hotline
916-874-9377
916-874-9662 Fax
Department of Health & Human Services
PO Box 269131
Sacramento, CA 95826
San Diego County 24 Hour Abuse Hotline
800-339-4661
800-510-2020
858-495-5247 Fax
Aging & Independence Services
PO Box 23217
San Diego, CA 92193-3217
San Mateo County 24 Hour Abuse Hotline
800-675-8437
650-573-2310 Fax
Health System Aging & Adult Services
225 37th Ave
San Mateo, CA 94403
Santa Clara County 24 Hour Abuse Hotlines
800-414-2002
408-975-4900
408-975-4910 Fax
Social Services Agency
333 W Julian
San Jose, CA 95010
Yolo County 24 Hour Abuse Hotline
888-675-1115
530-661-2727
530-661-2750
530-661-2761 Fax
Department of Employment & Social Services
25 N Cottonwood St
Woodland, CA 95695
County/Website Phone County Address
Alameda County 24 Hour Abuse Hotline
866-225-5277
510-577-3500
510-577-5615 Fax
Adult Protective Services
6955 Foothill Blvd Third Floor
Oakland, CA 94621
Alpine County 24 Hour Abuse Hotline
530-694-2235
After Hours, Weekends, Holidays
866-900-0525
530-694-2252 Fax
Department of Health & Human Services
75A Diamond Valley Rd
Markleeville, CA 96120
Amador County 24 Hour Abuse Hotline
209-223-6550
After Hours, Weekends, Holidays
209-223-1075
209-257-0642 Fax
Department of Social Services
10877 Conductor Blvd
Sutter Creek, CA 95685
Butte County 24 Hour Abuse Hotline
800-664-9774
530-538-7711
530-538-5093 Fax
Department of Employment & Social Services
PO Box 1649
Oroville, CA 95965
Calaveras County 24 Hour Abuse Hotline
209-754-6452
After Hours, Weekends, Holidays
209-754-6500
209-754-3293 Fax
Calaveras Works & Human Services
509 E Saint Charles St
San Andreas, CA 95249-9701
Colusa County 24 Hour Abuse Hotline
530-458-0280
530-458-2664 Fax
Department of Social Services
251 E Webster St
Colusa, CA 95932
Del Norte County 24 Hour Abuse Hotline
707-464-3191
707-465-1783 Fax
Department of Health & Human Services
880 Northcrest Dr
Crescent City, CA 95531-3485
El Dorado County 24 Hour Abuse Hotline
530-642-4800
530-622-1543 Fax
Department of Social Services
3057-A Briw Rd
Placerville, CA 95667-1637
Fresno County 24 Hour Abuse Hotline
800-418-1426
559-600-3383
559-453-8990 Fax
Department of Social Services
Adult Services APS
Senior Resource Center
2025 E Dakota 2nd Flr, PO Box 1912
Fresno CA 93718-1912
Glenn County 24 Hour Abuse Hotline
530-934-1429
530-865-1243 Fax
Human Resources Agency
PO Box 611
Willows, CA 95988-0611
Humboldt County 24 Hour Abuse Hotline
707-476-2100
707-455-7715 Fax
Department of Health & Human Services
808 E St
Eureka, CA 95501
Imperial County 24 Hour Abuse Hotline
760-337-7878
760-336-3945
760-336-8593 Fax
Department of Social Services
2999 S 4th St
El Centro, CA 92243
Inyo County 24 Hour Abuse Hotline
800-841-5011
760-872-1727
760-873-3277 Fax
Department of Health & Human Services
162 Grove St Ste J
Bishop, CA 93514
Kern County 24 Hour Abuse Hotline
800-277-7866
661-868-1000
661-868-0923 Fax
Aging & Adult Services Department
5357 Truxton Ave
Bakersfield, CA 93309
Kings County 24 Hour Abuse Hotline
866-582-8776
559-582-3241
559-582-7399 Fax
Human Services Agency
1400 W Lacey Blvd
Hanford, CA 93230
Lake County 24 Hour Abuse Hotline
888-221-2204
707-995-4680
707-995-4662 Fax
Department of Social Services
15975 Anderson Ranch Pkwy, PO Box 9000
Lower Lake, CA 95457-9000
Lassen County 24 Hour Abuse Hotline
530-251-8158
530-257-6121 After Hours, Weekends, Holidays
530-251-8370 Fax
Adult Services
PO Box 1359, 720 Richmond Rd
Susanville, CA 96130
Madera County 24 Hour Abuse Hotline
559-675-7839
559-622-8300
559-675-7983 Fax
Department of Social Services
PO Box 569
Madera, CA 93639-0569
Marin County 24 Hour Abuse Hotline
415-473-2774
415-473-7118
415-473-6465 Fax
Aging & Adult Services
10 N San Pedro Rd
San Rafael, CA 94903
Mariposa County 24 Hour Abuse Hotline
209-966-7000
209-966-3614 After Hours, Weekends, Holidays
209-966-2000
209-966-8251 Fax
Social Services Division
5362 Lemee Ln, PO Box 99
Mariposa, CA 95338
Mendocino County 24 Hour Abuse Hotline
Ukiah – 877-327-1799
or 707-463-7900
Ukiah – 707-467-5866 Fax
Fort Bragg – 877-327-1677
or 707-962-1102
Fort Bragg – 707-962-1110 Fax
Willets – 800-575-4357
or 707-456-3740
Willets – 707-456-3741 Fax
Health & Human Services
737 S State St, PO Box 839
Ukiah, CA 95482
Merced County 24 Hour Abuse Hotline
209-385-3105
209-385-3000
209-725-3836 Fax
Human Services Agency
PO Box 112
Merced, CA 95341
Modoc County 24 Hour Abuse Hotline
530-233-6602
530-233-6536 Fax
Department of Social Services
120 North Main St
Alturas, CA 96101
Mono County 24 Hour Abuse Hotline
800-340-5411
760-924-1770
760-924-5431 Fax
Department of Social Services
PO Box 2969
Mammoth Lakes, CA 93546
Monterey County 831-755-4466 Main
831-883-7565 APS
831-883-7563 Fax
Department of Social Services
1000 S Main St Ste 211A
Salinas, CA 93901
Napa County 24 Hour Abuse Hotline
888-619-6913
707-253-3818
707-253-6117 Fax
Health & Human Services
900 Coombs St # 257
Napa, CA 93901-2936
Placer County 24 Hour Abuse Hotline
888-886-5401
916-787-8860
530-265-9376 Fax
Adult Protective Services
101 Cirby Hills Dr
Roseville, CA 95678
Plumas County 24 Hour Abuse Hotline
530-283-6471
530-283-6300 After Hours, Weekends, Holidays
530-283-6368 Fax
Department of Social Services
270 County Hospital Rd Ste 207
Quincy, CA 95971
San Benito County 24 Hour Abuse Hotline
831-636-4190
831-634-0780 Fax
Health & Human Services
1111 San Felipe Rd Ste 206
Hollister, CA 95023-3801
San Bernardino County 24 Hour Abuse Hotline
877-565-2020
909-338-6718 Fax
Human Services System
686 E Mill St
San Bernardino, CA 92415
San Francisco City and County 24 Hour Abuse Hotline
800-814-0009
415-355-6700
415-355-3549 Fax
San Francisco Department of Aging & Adult Services
1650 Mission St 4th Flr
San Francisco, CA 94103
San Joaquin County 24 Hour Abuse Hotline
888-800-4800
209-468-3780
209-468-2207 Fax
Human Services Agency Aging & Community Services
PO Box 201056
Stockton, CA 95201
San Luis Obispo County 24 Hour Abuse Hotline
805-781-1790
800-838-1381 After Hours, Weekends, Holidays
805-788-2834 Fax
Department of Social Services
PO Box 8119
San Luis Obispo, CA 93403
Santa Barbara County 24 Hour Abuse Hotlines
Santa Barbara - 844-751-6729
Santa Barbara - 805-681-4666 Fax
Santa Maria - 805-346-7247
Santa Maria - 805-346-8303
Lompoc - 805-737-6020
Lompoc - 805-737-7094
Department of Social Services
234 Camino Del Remedio
Santa Barbara, CA 93110
Santa Maria Office
Department of Social Services
2125 S Centerpointe Pkwy
Santa Maria, CA 93455
Lompoc Office
Department of Social Services
1100 W Laurel Ave
Lompoc, CA 93436-9908
Santa Cruz County 24 Hour Abuse Hotline
866-580-4357
831-454-4290 Fax
Human Services Department
PO Box 1320
Santa Cruz, CA 95061
Shasta County 24 Hour Abuse Hotline
530-225-5798
530-245-7693 Fax
Department of Social Services
2460 Breslauer Way, PO Box 496005
Redding, CA 96049-6005
Sierra County 24 Hour Abuse Hotline
530-289-3720
530-993-6700
530-993-6767 Fax
Department of Health & Human Services
202 Front St, PO Box 1019
Loyalton, CA 96118
Siskiyou County 24 Hour Abuse Hotline
530-842-7009
530-841-2700
530-841-4238 Fax
Adult Services Department
1215 S Main St
Yreka, CA 96097
Solano County 24 Hour Abuse Hotline
800-850-0012
707-784-8259
707-435-2440 Fax
Health and Social Services
Older & Disabled Adult Services
PO Box 4090, MS 5-110
Fairfield, CA 94533
Sonoma County 24 Hour Abuse Hotline
800-667-0404
707-565-5940
707-565-5969 Fax
Human Services Department
PO Box 4059
Santa Rosa, CA 95402-1539
Stanislaus County 24 Hour Abuse Hotline
800-336-4316
209-558-2637
209-558-2681 Fax
Community Services Agency
PO Box 42
Modesto, CA 95355-0042
Sutter County 24 Hour Abuse Hotline
530-822-7227
530-822-7384 Fax
Department of Human Services
1965 Live Oak Blvd Ste C
Yuba City, CA 95991
Tehama County 24 Hour Abuse Hotline
800-323-7711
530-527-1911
530-527-4836 Fax
Department of Social Services
PO Box 1515
Red Bluff, CA 96080
Trinity County 24 Hour Abuse Hotline
800-851-5658
530-623-1314
530-623-6628 Fax
Department of Health and Human Services
PO Box 1470
Weaverville, CA 96093-1470
Tulare County 24 Hour Abuse Hotline
877-657-3092
559-730-9931 Fax
Health & Human Services Agency
Adult Protective Services
3500 W Mineral King Rd Ste C
Visalia, CA 93291
Tuolumne County 24 Hour Abuse Hotline
866-388-7502
209-533-4357
209-768-7753
209-533-7355 Fax
Department of Social Services
20075 Cedar Rd N
Sonora, CA 95370
Ventura County 24 Hour Abuse Hotline
805-654-3200
805-650-1521 Fax
Adult Protective Services Office
1001 Partridge Dr Ste 365
Ventura, CA 93003
Yuba County 24 Hour Abuse Hotline
866-999-9113
530-749-6471
530-749-6311
530-749-6244 Fax
Health and Human Services Agency
5730 Packard Ave Ste 1000
Marysville, CA 95901-9987

368

  1. The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.
    1. Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.
    2. If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows:
      1. Three years if the victim is under 70 years of age.
      2. Five years if the victim is 70 years of age or older.
    3. If in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows:
      1. Five years if the victim is under 70 years of age.
      2. Seven years if the victim is 70 years of age or older.
  2. Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
  3. Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows:
    1. By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).
    2. By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).
  4. Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows:
    1. By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).
    2. By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).
  5. Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
  6. As used in this section, "elder" means any person who is 65 years of age or older.
  7. As used in this section, "dependent adult" means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. "Dependent adult" includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
  8. As used in this section, "caretaker" means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult.
  9. Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense.
  10. In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.

368.5

  1. Local law enforcement agencies and state law enforcement agencies with jurisdiction shall have concurrent jurisdiction to investigate elder and dependent adult abuse and all other crimes against elder victims and victims with disabilities.
  2. Adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect, and may assist local law enforcement agencies in criminal investigations at the law enforcement agencies' request, provided, however, that law enforcement agencies shall retain exclusive responsibility for criminal investigations, any provision of law to the contrary notwithstanding.

15610

The definitions contained in this article shall govern the construction of this chapter, unless the context requires otherwise.

15610.05

"Abandonment" means the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.

15610.06

"Abduction" means the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, as well as the removal from this state or the restraint from returning to this state, of any conservatee without the consent of the conservator or the court.

15610.07

"Abuse of an elder or a dependent adult" means either of the following:

  1. Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
  2. The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

15610.10

"Adult protective services" means those preventive and remedial activities performed on behalf of elders and dependent adults who are unable to protect their own interests, harmed or threatened with harm, caused physical or mental injury due to the action or inaction of another person or their own action as a result of ignorance, illiteracy, incompetence, mental limitation, substance abuse, or poor health, lacking in adequate food, shelter, or clothing, exploited of their income and resources, or deprived of entitlement due them.

15610.13

"Adult protective services agency" means a county welfare department, except persons who do not work directly with elders or dependent adults as part of their official duties, including members of support staff and maintenance staff.

15610.15

"Bureau" means the Bureau of Medi-Cal Fraud within the office of the Attorney General.

15610.17

"Care custodian" means an administrator or an employee of any of the following public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff:

  1. Twenty-four-hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
  2. Clinics.
  3. Home health agencies.
  4. Agencies providing publicly funded in-home supportive services, nutrition services, or other home and community-based support services.
  5. Adult day health care centers and adult day care.
  6. Secondary schools that serve 18- to 22-year-old dependent adults and postsecondary educational institutions that serve dependent adults or elders.
  7. Independent living centers.
  8. Camps.
  9. Alzheimer's Disease day care resource centers.
  10. Community care facilities, as defined in Section 1502 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
  11. Respite care facilities.
  12. Foster homes.
  13. Vocational rehabilitation facilities and work activity centers.
  14. Designated area agencies on aging.
  15. Regional centers for persons with developmental disabilities.
  16. State Department of Social Services and State Department of Health Services licensing divisions.
  17. County welfare departments.
  18. Offices of patients' rights advocates and clients' rights advocates, including attorneys.
  19. The office of the long-term care ombudsman.
  20. Offices of public conservators, public guardians, and court investigators.
  21. Any protection or advocacy agency or entity that is designated by the Governor to fulfill the requirements and assurances of the following:
    1. The federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, for protection and advocacy of the rights of persons with developmental disabilities.
    2. The Protection and Advocacy for the Mentally Ill Individuals Act of 1986, as amended, contained in Chapter 114 (commencing with Section 10801) of Title 42 of the United States Code, for the protection and advocacy of the rights of persons with mental illness.
  22. Humane societies and animal control agencies.
  23. Fire departments.
  24. Offices of environmental health and building code enforcement.
  25. Any other protective, public, sectarian, mental health, or private assistance or advocacy agency or person providing health services or social services to elders or dependent adults.

15610.19

"Clergy member" means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, synagogue, temple, mosque, or recognized religious denomination or organization. "Clergy member" does not include unpaid volunteers whose principal occupation or vocation does not involve active or ordained ministry in a church, synagogue, temple, mosque, or recognized religious denomination or organization, and who periodically visit elder or dependent adults on behalf of that church, synagogue, temple, mosque, or recognized religious denomination or organization.

15610.20

"Clients' rights advocate" means the individual or individuals assigned by a regional center or state hospital developmental center to be responsible for clients' rights assurance for persons with developmental disabilities.

15610.23

  1. "Dependent adult" means any person between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.
  2. "Dependent adult" includes any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.

15610.25

"Developmentally disabled person" means a person with a developmental disability specified by or as described in subdivision (a) of Section 4512.

15610.27

"Elder" means any person residing in this state, 65 years of age or older.

15610.30

  1. "Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following:
    1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
    2. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
    3. Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.
  2. A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.
  3. For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.
  4. For purposes of this section, "representative" means a person or entity that is either of the following:
    1. A conservator, trustee, or other representative of the estate of an elder or dependent adult.
    2. An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.

15610.35

"Goods and services necessary to avoid physical harm or mental suffering" include, but are not limited to, all of the following:

  1. The provision of medical care for physical and mental health needs.
  2. Assistance in personal hygiene.
  3. Adequate clothing.
  4. Adequately heated and ventilated shelter.
  5. Protection from health and safety hazards.
  6. Protection from malnutrition, under those circumstances where the results include, but are not limited to, malnutrition and deprivation of necessities or physical punishment.
  7. Transportation and assistance necessary to secure any of the needs set forth in subdivisions (a) to (f), inclusive.

15610.37

"Health practitioner" means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, or a coroner.

15610.39

"Imminent danger" means a substantial probability that an elder or dependent adult is in imminent or immediate risk of death or serious physical harm, through either his or her own action or inaction, or as a result of the action or inaction of another person.

15610.40

"Investigation" means that activity undertaken to determine the validity of a report of elder or dependent adult abuse.

15610.43

  1. "Isolation" means any of the following:
    1. Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls.
    2. Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons.
    3. False imprisonment, as defined in Section 236 of the Penal Code.
    4. Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors.
  2. The acts set forth in subdivision (a) shall be subject to a rebuttable presumption that they do not constitute isolation if they are performed pursuant to the instructions of a physician and surgeon licensed to practice medicine in the state, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his or her medical care.
  3. The acts set forth in subdivision (a) shall not constitute isolation if they are performed in response to a reasonably perceived threat of danger to property or physical safety.

15610.45

"Local law enforcement agency" means a city police or county sheriff's department, or a county probation department, except persons who do not work directly with elders or dependent adults as part of their official duties, including members of support staff and maintenance staff.

15610.47

"Long-term care facility" means any of the following:

  1. Any long-term health care facility, as defined in subdivision (a) of Section 1418 of the Health and Safety Code.
  2. Any community care facility, as defined in paragraphs (1) and (2) of subdivision (a) of Section 1502 of the Health and Safety Code, whether licensed or unlicensed.
  3. Any swing bed in an acute care facility, or any extended care facility.
  4. Any adult day health care facility as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. (e) Any residential care facility for the elderly as defined in Section 1569.2 of the Health and Safety Code.

15610.50

"Long-term care ombudsman" means the State Long-Term Care Ombudsman, local ombudsman coordinators, and other persons currently certified as ombudsmen by the Department of Aging as described in Chapter 11 (commencing with Section 9700) of Division 8.5.

15610.53

"Mental suffering" means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult.

15610.55

  1. "Multidisciplinary personnel team" means any team of two or more persons who are trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults and who are qualified to provide a broad range of services related to abuse of elderly or dependent adults.
  2. A multidisciplinary personnel team may include, but need not be limited to, any of the following:
    1. Psychiatrists, psychologists, or other trained counseling personnel.
    2. Police officers or other law enforcement agents.
    3. Medical personnel with sufficient training to provide health services.
    4. Social workers with experience or training in prevention of abuse of elderly or dependent adults.
    5. Public guardians.
    6. The local long-term care ombudsman.
    7. Child welfare services personnel.

15610.57

  1. "Neglect" means either of the following:
    1. The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.
    2. The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.
  2. Neglect includes, but is not limited to, all of the following:
    1. Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
    2. Failure to provide medical care for physical and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
    3. Failure to protect from health and safety hazards.
    4. Failure to prevent malnutrition or dehydration.
    5. Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.

15610.60

"Patients' rights advocate" means a person who has no direct or indirect clinical or administrative responsibility for the patient, and who is responsible for ensuring that laws, regulations, and policies on the rights of the patient are observed.

15610.63

"Physical abuse" means any of the following:

  1. Assault, as defined in Section 240 of the Penal Code.
  2. Battery, as defined in Section 242 of the Penal Code.
  3. Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
  4. Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
  5. Sexual assault, that means any of the following:
    1. Sexual battery, as defined in Section 243.4 of the Penal Code.
    2. Rape, as defined in Section 261 of the Penal Code.
    3. Rape in concert, as described in Section 264.1 of the Penal Code.
    4. Spousal rape, as defined in Section 262 of the Penal Code.
    5. Incest, as defined in Section 285 of the Penal Code.
    6. Sodomy, as defined in Section 286 of the Penal Code.
    7. Oral copulation, as defined in Section 288a of the Penal Code.
    8. Sexual penetration, as defined in Section 289 of the Penal Code.
    9. Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.
  6. Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:
    1. For punishment.
    2. For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.
    3. For any purpose not authorized by the physician and surgeon.

15610.65

"Reasonable suspicion" means an objectively reasonable suspicion that a person would entertain, based upon facts that could cause a reasonable person in a like position, drawing when appropriate upon his or her training and experience, to suspect abuse.

15610.67

"Serious bodily injury" means an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including, but not limited to, hospitalization, surgery, or physical rehabilitation.

15610.70

  1. "Undue influence" means excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered:
    1. The vulnerability of the victim. Evidence of vulnerability may include, but is not limited to, incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency, and whether the influencer knew or should have known of the alleged victim's vulnerability.
    2. The influencer's apparent authority. Evidence of apparent authority may include, but is not limited to, status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or other qualification.
    3. The actions or tactics used by the influencer. Evidence of actions or tactics used may include, but is not limited to, all of the following:
      1. Controlling necessaries of life, medication, the victim's interactions with others, access to information, or sleep.
      2. Use of affection, intimidation, or coercion.
      3. Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes.
    4. The equity of the result. Evidence of the equity of the result may include, but is not limited to, the economic consequences to the victim, any divergence from the victim's prior intent or course of conduct or dealing, the relationship of the value conveyed to the value of any services or consideration received, or the appropriateness of the change in light of the length and nature of the relationship.
  2. Evidence of an inequitable result, without more, is not sufficient to prove undue influence.

Note: If you are on a device that supports the tel: protocol (most smart phones), you can click/tap the number for your county below to begin dialing.


Sierra Corporate Management Inc
320 North Park Vista Street
Anaheim, California 92806-3722
Phone: 714-575-5130
Fax: 714-575-5139
Web: SierraCorporateManagement.com

Thu, Sep 29, 2016 – On Monday, March 19, 2015, Chair D. Ewing of the East Davis County Fire Protection District (EDCFPC) announced that a task force of nine (9) was being formed to investigate the questionable business practices of Sierra Corporate Management.

One year later, on Friday, March 25, 2016, The People of the State of California (Plaintiff) filed a Complaint for Injunction, Civil Penalties, and Other Equitable Relief against Davis Group LP, Sierra Corporate Management Inc, Western Ventures LP, Abraham Arrigotti and DOES 1 through 20 inclusive.

On Tuesday, August 2, 2016, The People of the State of California won a Final Judgment and obtained an Injunction against Davis Group LP and Western Ventures LP.
Lawsuits Against Kort & Scott Companies