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Blog Posts in April, 2013

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  • Res Judicata Bars Financial Elder Abuse Claims On Court Approved Accountings
    Res Judicata Bars Financial Elder Abuse Claims On Court Approved Accountings

    In 2003, Lawrence Dean (defendant, cross-complainant and respondent) was designated as the conservator over Blaine Knox's person and estate. Blaine's estate had principal assets consisting of two ...

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  • Part II - Estate's Personal Representative Is Only Entitled to Collect Restitution Damages for Decedent's Pre-Death Economic Losses
    Part II - Estate's Personal Representative Is Only Entitled to Collect Restitution Damages for Decedent's Pre-Death Economic Losses

    In the People v. Runyan, the trial court convicted Runyan of gross vehicular manslaughter and ordered him to pay Benge's (victim) estate restitution damages of approximately $450,000. Runyan appealed ...

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  • Estate's Personal Representative is Only Entitled To Collect Restitution Damages for Decedent's Pre-Death Economic Losses
    Estate's Personal Representative is Only Entitled To Collect Restitution Damages for Decedent's Pre-Death Economic Losses

    During the early hours of April 6, 2007, Paul Dean Runyan (defendant and appellant), got drunk at a nightclub and tried to drive home. On his drive home, he entered the 134 Freeway travelling in the ...

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  • There is No Res Judicata Against Subsequent Claims That Are Not Premised on the Same "Primary Rights"
    There is No Res Judicata Against Subsequent Claims That Are Not Premised on the Same "Primary Rights"

    The doctrine of res judicata is the principle that a matter or action may not, generally be relitigated or raised again once a valid final judgment has been handed down in a lawsuit. Accordingly, ...

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