What is the test for a claim for wrongful use of an elder's property?

California, United States of America


The following excerpt is from Pritchard v. Andy Houghton Ins. Agency, C082975 (Cal. App. 2018):

in the absence of an intent to defraud, "if it can be shown that the person took the property for a wrongful use and 'knew or should have known that [his or her] conduct is likely to be harmful to the elder . . . .' " (Bonfigli v. Strachan (2011) 192 Cal.App.4th 1302, 1315.)

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