Legal Question in Personal Injury in California

Infliction of emotional distress to disabled person

I was diagnosed as disabled in 1998. Prior to and since then, a person who claimed to be helping me has in fact been hurting me emotionally and financially. He claimed he would always be supportive while he had me perform such actions as Quit Claim Deed my condominium to him. In this case, he sold the property and will not produce the paperwork much less any proceeds. He holds valuables of mine under lock and key, and will not communicate with me regarding collection of them. I remain disabled. This damage has occurred over the course of 20 years, seven of those years (most presently) with me in a disabled state and he without disability. He understands my condition and that his actions make it worse. He knows my limitations which are many. I believe what I am asking for is some advocacy in the matter which is obviously not right at hand. A few people I know have tried to contact him, but apparently this must ''go legal'' because he is non-responsive. I know this sounds like a personal matter and it is in part. If I were not disabled and had been of a state of mind where I would be expected to be more responsible for my actions, I would not find the matter so egregrious.


Asked on 1/03/05, 1:01 pm

1 Answer from Attorneys
Daniel Harrison Berger Harrison, APC

Re: Infliction of emotional distress to disabled person

You certainly have recourse. And depending on your age, this may amount to elder abuse, which carries heavy monetary penalties (and perhaps criminal penalties as well). I would act quickly before he transfers the property or your other assets. You could file a lis pendens on the property and also obtain a prejudgment attachment order on the other assets. A lis pendens is a document that is filed against the property that essentially clouds the title rendering it unmarketable. Act quickly. Don't wait or the person will be gone and you will be out of luck. Give us a call to help you. The call is free.

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Answered on 1/07/05, 11:09 am


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