Royals v. Lu
The court held that, in financial-elder-abuse actions, a pre-trial attachment may be granted only to secure compensatory damages (and related attorney-fees) that satisfy the statutory "attachable amount" and "attachable claim" requirements, and that claims for punitive or statutory damages do not meet those standards, so the trial court's order authorizing attachment was reversed.
Date Filed: July 18, 2022
Case Name: Royals v. Lu
Case Number: A160985
Court: California Court of Appeal, First Appellate District, Division Four
The court decides whether a plaintiff in a financial‑elder‑abuse action may obtain a pre‑trial attachment to secure prospective punitive damages or statutory penalties. It holds that attachment is available only for compensatory damages (and related attorney‑fees) that satisfy the statutory attachment requirements; a claim for punitive or statutory damages does not meet the “attachable amount” and “attachable claim” standards, so the trial court’s right‑to‑attach order is reversed. This ruling limits the use of the extraordinary attachment remedy in elder‑abuse probate cases, confirming that only proven, recoverable compensatory claims may be secured pre‑trial.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.