Davies v. Pasamba

Plaintiff, age 95 with severe dementia, suffered substantial financial loss and, through public guardian, seeks to recover money he alleges was wrongfully taken from him by a CNA who was Plaintiff's caregiver and her sister and husband. Grand jury later indicted Defendants on criminal charges for theft and financial exploitation and forgery. Probate court stay of citation to recover assets in probate case until their pending criminal cases were resolved was unreasonable, as Plaintiff's case should not be slowed because Defendants' conduct was so egregious that criminal charges were filed.Factors generally considered in motion to stay are inapplicable, as Defendants had already given their testimony in extensive depositions, and fifth amendment does not apply to testimony already given. (McBRIDE and PALMER, concurring.)