Independent Tort versus Statutory Violation Didn’t Need to be Addressed Here.
Estate of Hazewinkel, Case No. D058282 (4th Dist., Div. 1 Dec. 9, 2011) (unpublished) is interesting in its discussion of potential fee entitlement under California’s Elder Abuse Act statute, Welfare and Institutions Code section 15657.5(a).
Although it reversed the denial of a fee award for an inadequate statement of decision in essence, it contains an interesting discussion of whether you need an independent tort or just a statutory elder abuse violation for fee entitlement purposes. Looks like there is a split, so look as these decisions when you grapple with this issue.