Cooper v. Leeper
Defendant David M. Leeper in his individual capacity and as Trustee of the Louise Street Trust appeals judgment in favor of plaintiff Mary E. Cooper in her action for elder abuse. Leeper, an attorney, assisted Cooper in a quiet title action regarding her residence, and took a deed of trust to secure his professional fee. After Leeper foreclosed on Cooper's home to satisfy his fee, a dispute arose over the amount owed under the language of the parties' fee agreement. The trial court found Leeper committed elder abuse in seeking more than he was owed in the foreclosure sale. Leeper contends the trial court erred in admitting evidence in contravention of motions in limine, in finding that his proof of claim in Cooper's bankruptcy proceedings was not res judicata concerning the amount owed, in finding he committed elder abuse, and in disregarding the rules of finality of trustee's sales. We affirm.
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