A recent court filing reveals a heated family dispute over alleged financial elder abuse involving significant sums of money. The complaint, filed by Alejandro Garcia Alcocer, Jr. in the Superior Court of California for the County of Santa Clara on December 24, 2024, accuses his sister Marla Isela Alcocer of exploiting their late mother Maria Elena Alcocer's finances.
The case revolves around a $140,000 cashier's check that Maria received on July 11, 2021. According to the complaint, Marla took possession of this check and deposited it into a joint account under both her and Maria's names at JPMorgan Chase Bank. Over the following year, Marla allegedly withdrew $108,334 from this account for her personal use without authorization or with intent to defraud. The plaintiff claims that these actions constitute financial elder abuse as defined by California's Welfare & Institutions Code §§15610.27 and 15610.30.
Alejandro Garcia Alcocer, Jr., born October 7, 1974, is not only Maria's son but also a beneficiary of her trust estate established in 2016 and amended in subsequent years. He asserts his legal standing as an interested party and successor in interest to bring forth this action against his sister Marla Isela Alcocer. Marla, born September 11, 1970, is also named as a beneficiary under the same trust.
The lawsuit details multiple causes of action including breach of fiduciary duty and constructive fraud. It alleges that Marla had a fiduciary relationship with Maria due to her role in managing Maria’s finances and that she violated this trust by misappropriating funds meant for Maria’s care and benefit. Furthermore, Alejandro contends that Marla acted recklessly and maliciously during these transactions.
Alejandro seeks several forms of relief from the court: compensatory damages amounting to $108,334 for the misappropriated funds; general damages; punitive damages intended to punish Marla and deter similar conduct; attorney fees; costs incurred during litigation; statutory damages; and imposition of a constructive trust on assets held by Marla related to the misappropriated funds.
Representing Alejandro Garcia Alcocer Jr., attorneys Matthew A. Crosby from Crosby & Crosby Law Corporation are leading the charge in this legal battle. The case has been assigned Case ID: 24CV454894 with proceedings overseen by Judge L. Ayala at the Santa Clara County Superior Court.