Markowitz v. Markowitz CA2/2
On behalf of his 90-year-old mother, one brother sued another brother for financial elder abuse in pressuring her to give the latter brother money, including through harassing telephone calls. After the close of evidence, the trial court allowed the suing brother to seek damages for mental suffering, as well as for financial abuse. The court awarded $100,000 for mental suffering, but no damages for financial harm. On appeal, the losing brother argues that the court erred in allowing the suing brother to use transcripts of telephone conversations recorded in violation of Penal Code section 632 to inform the psychology expert’s opinion and to impeach the losing brother’s testimony. He also argues that the court erred in allowing the amendment to conform to proof. We conclude the trial court did not err, and affirm.
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