Facts

In April 2008, the decedent, Harold Scull, fell in front of his home, which he shared with his partner, plaintiff Clay Greene. Greene called the paramedics and, when they arrived, Scull told him Greene had pushed him and the paramedics reported the allegations to authorities. The County of Sonoma then filed for a conservatorship of Scull's estate and, subsequently, Scull and Greene's assets were auctioned off. Greene was then placed in an assisted living facility against his will. Three months following his hospitalization, Scull passed away while residing in a separate nursing home.

Greene filed suit against the County and Glen Ellen nursing home, alleging that Public Guardian officials discriminated against him and Scull based on their sexual orientation when they separated the couple and sold their belongings. Plaintiffs later dismissed their claim of sexual orientation discrimination and proceeded solely on the property claims. All defendants were dismissed except for the County.

PLAINTIFF'S CONTENTIONS:
Greene contended that he was denied visitation rights to Scull after he was hospitalized and that there was never evidence to support a domestic violence claim against him. Greene further contended that his civil and constitutional rights were violated when the County sold his property, confiscated his bank account, and placed him and his partner in separate facilities despite their wishes to be placed together.

DEFENDANTS' CONTENTIONS:
The County contended that Scull had made claims of domestic abuse against Greene and actions were taken to protect him from abuse. The County contended that Scull told a number of individual's that Greene had caused his injuries.

The County conceded that some administrative errors occurred in the disposition of the couple's property, but claimed no discriminatory actions were taken in the case. The County contended that a close personal friend of the couple's and Scull's attorney were aware of the County's plan to auction their property and of the facilities that Scull and Greene would be placed in.

The County further contended that both men were placed in separate homes because they were no longer able to care for themselves, but saw and spoke to each other often. The County contended that Scull did not wish to return to the home he lived in with Greene and was, in fact, comfortable and in agreement with his living arrangements at the facility. The County contended that the property was sold with the consent of both men and the proceeds were given to the men.

Result

The parties reached a settlement for $600,000.