Financial Elder Abuse Attorney in California

Practicing Since 1975. 80+ FINRA Arbitrations. on Your Side.

When a broker or investment adviser takes advantage of a senior investor, the harm can be irreversible. Retirement savings lost to unsuitable products, churned accounts, or undue influence don’t come back on their own. At The Law Offices of Jonathan W. Evans & Associates, we represent California seniors and their families in financial elder abuse claims, pursuing recovery through FINRA arbitration and California Superior Court. We represent public customers, which means we’re on your side of the table.

Jonathan W. Evans has been practicing law since 1975 and has tried over 80 cases to conclusion at FINRA arbitration. Securities arbitration is 95% of what we do, making the FINRA forum familiar ground when a senior investor’s claim ends up there.

If you or a family member has suffered investment losses you believe involve broker misconduct, call us at (818) 760-9880 to schedule a free initial consultation.

How California Law Defines Financial Elder Abuse in Securities Accounts

California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), codified at Welfare and Institutions Code sections 15600 et seq., creates a distinct civil cause of action for the financial exploitation of anyone 65 or older. The statute reaches conduct a defendant knew or should have known was likely to harm the elder, even without direct proof of intent to defraud. That standard matters in securities cases, where advisers sometimes claim their recommendations were well-intentioned despite clear red flags.

Product-Based Misconduct

Recommending variable annuities with multi-year surrender periods, non-traded REITs, private placements, or other illiquid products to seniors who need access to their capital is a recurring pattern in California financial elder abuse claims. Suitability rules require advisers to account for a client’s age, liquidity needs, and investment horizon. Ignoring those factors to sell high-commission products violates that obligation.

Conduct-Based Misconduct

Account churning, which is excessive trading designed to generate commissions rather than serve the client, unauthorized transactions, forged signatures, and misuse of a power of attorney all qualify. So does undue influence: situations where an adviser cultivates a senior’s trust through gifts or personal attention and then redirects investments to their own benefit fall squarely within section 15610.30.

What EADACPA Provides for a Prevailing Plaintiff

EADACPA does more than provide a cause of action. Under Welfare and Institutions Code section 15657.5, a prevailing plaintiff is entitled to mandatory attorney fee shifting: the defendant pays your legal fees if you win. That provision makes claims economically viable even when the dollar loss would not otherwise justify litigation. Where the defendant’s conduct rises to recklessness, oppression, fraud, or malice, proven by clear and convincing evidence, certain caps on recoverable damages are lifted, and punitive damages may also be available under Civil Code section 3294.

Claims against FINRA-registered broker-dealers and their advisers may be brought in FINRA arbitration under FINRA Rule 12200. California courts and FINRA panels have consistently held that state-law statutory claims, including EADACPA financial elder abuse causes of action, are arbitrable in that forum. A senior investor can therefore assert the statute’s remedies, including mandatory fee shifting, alongside standard securities claims in the same proceeding.

Why California Seniors Choose The Law Offices of Jonathan W. Evans & Associates

Our practice is built around one forum and one side of the dispute. Securities arbitration accounts for 95% of our work, and we represent public customers, not brokerage firms or registered investment advisers. There’s no conflict pulling our analysis toward the industry’s interests when we evaluate your claim.

Depth in FINRA Arbitration
We’ve tried over 80 cases to conclusion at FINRA arbitration, with results across negligence, breach of fiduciary duty, suitability, fraud, and conversion claims. Past results are case-specific and not a guarantee of any outcome in another matter, but that track record reflects the range of conduct we’ve litigated in the forum where most securities-based elder abuse claims are resolved.

Tenure That Bears on This Work
Mr. Evans has been admitted to the California State Bar since 1975 and is licensed in all California State Courts, the Central District of California, and the 9th Circuit Court of Appeals. He is a member of the Public Investors Advocate Bar Association (PIABA) and has been named to the SuperLawyers list for 2007 through 2013 and 2015 through 2024.

Tailored Strategy, Not a Template
We analyze trading records, account statements, profit and loss data, and the compensation structure behind each recommendation to understand what happened and build a strategy around it. Every claim is different, and we approach each one accordingly.

Talk to a Financial Elder Abuse Attorney in California

If you’re a senior investor, a family member, or a trustee who suspects broker misconduct is behind investment losses, the time to act is now. Evidence fades, and the statute of limitations varies depending on the specific relief sought. We serve clients throughout California, including the Los Angeles area.

Contact The Law Offices of Jonathan W. Evans & Associates at (818) 760-9880 to schedule your free initial consultation. We can review what happened, explain your options, and tell you honestly what we see in the record.