Costa Mesa : Court Upholds Award Made to Grandmother

A grandmother’s courtroom victory over a son and granddaughter has been affirmed by a state court of appeal.

Jane M. Kerr, 86, said she had allowed her granddaughter, Jennifer Adams, to live in a house she owned in return for Adams’ promise to care for her. Kerr built a small separate building on the Costa Mesa property and moved in. But she said her granddaughter, with help from James Kerr, son of the elderly woman, tried to drive her away.

Adams built a fence separating the two homes, leaving only a small bit of land for Kerr to garden, according to the appellate opinion issued this week.

The son and granddaughter were said to have interfered with her mail, discouraged friends from visiting her and denied the elderly woman access to gardening tools in the garage. At one point, according to the opinion, the son and granddaughter also removed the handle from an outdoor faucet so Kerr could not water her garden.

A Superior Court jury last year awarded Kerr $20,000 in damages against her son and $4,000 against the granddaughter. The 4th District Court of Appeal in Santa Ana upheld the award Tuesday, rejecting challenges from the son and granddaughter.

Justices agreed to expedite the case because of Kerr’s age.

Last year, Kerr was evicted from the Costa Mesa home to another she owns in Newport Beach, her lawyer said. She has filed a second suit against her son and granddaughter over the eviction.