DAS v. BANK OF >AMERICA >



















Filed 6/28/10;
pub. order 7/12/10
(see end of opn.)















IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION FOUR








>

BAISHALI DAS, Plaintiff and Appellant, v. BANK OF AMERICA, N.A., Defendant and Respondent.

B221002 (Los Angeles County Super. Ct. No. VC053211)

APPEAL from a
judgment of the Superior Court of Los Angeles
County, Raul A. Sahagun and Thomas J. McKnew, Jr., Judges. Affirmed.

Baishali
Kaustubh, in pro. per., for Plaintiff and Appellant.

Severson & Werson, Chaise R.
Bivin, Eduardo Martorell and Jan T. Chilton for Defendant and Respondent.
clear=all >

Appellant
Baishali Das asserted claims based on the elder
abuse statutes (Welf. & Inst. Code, § 15600 et seq.), alleging that
respondent Bank of America, N.A., failed to report financial abuse involving
her father (now deceased), and engaged in other misconduct regarding him.^[1] After sustaining demurrers to appellant's
claims without leave to amend, the trial court entered a judgment of
dismissal. Although appellant's
complaints vividly depict the reprehensible victimization of her father by
third parties, they allege no facts supporting claims against respondent. We therefore affirm.



>FACTS

Appellant's
original and first amended complaints
allege the following facts: Kaustubh K.
Das, appellant's father, was born in 1933.^[2] In August 2004, Kaustubh experienced a stroke
or strokes. He was found to have brain
tumors, and developed ischemic-vascular dementia. His ability to move and speak was impaired;
he experienced deficits in language, communication, reasoning, personality, and
judgment; and he experienced mood swings.
As a result, his ability to assess the consequences of his actions and
the motivations of other people was â€