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SAN DIEGO (KGTV)- A local family contacted Team 10, concerned about the recent marriage of their elderly father to his new caregiver.  In a petition filed in probate court through an attorney, the family of James Donald Hess accused his new wife and former caregiver of "physically and verbally abusing him, and asserting undue influence over him." "It's just heartbreaking," said Dede Hess about her father-in-law. "I was just like, this isn't real." Dede Hess said her father-in-law, known to many as Don, is not in the best health. In the petition, it said his "health steadily declined" after Don's second wife passed away in February 2016 and that he suffered from "depression and loneliness" and became dependent on in-home caregivers. In the petition, it claimed that a caregiver named Nicky convinced Hess to marry her after just a few months. Hess and Nicky Shepard -- now Nicky Hess -- were married on October 14, 2017. Hess was 86-years-old. Nicky was 64.  "I think of her as a shark that smelled the blood in the water," Dede Hess said. RELATED: Resource guide for elderly San Diegans and families Dede Hess also learned more about the past of her father-in-law's new bride.  "When she met dad, she was married, but she was a newlywed," Dede Hess said. "Two weeks after her divorce was final, she married dad." Team 10 found Nicky was divorced at least five times.  The family alleged Nicky convinced her new elderly husband to "withdraw large sums of money from his investment accounts" and that she "forged [ his] name on documents," according to the petition. It also said she placed his health "in extreme danger" by keeping medication from him or giving him too much.  "I would love to see some justice on behalf of my father-in-law, especially if he's ill," Dede Hess said.  Team 10 learned that Don Hess is now hospitalized. His family said his heart stopped for several minutes and he also suffered from renal failure and pneumonia. The conflict brought both sides to probate court in mid-March where the judge acknowledged the difference of opinion regarding Mr. Hess's marriage.  "I know that you have very different views about whether this is on one hand, a recent marriage of an elderly person to his caregiver and the vulnerability that that can present and the possibility of financial abuse versus, on the other hand, a person who is engaging in his right in his older years to find love and get married," said Judge Julia Kelety. The petition is to remove Don Hess from the new trust made late last year. Hess's children claimed he was not competent at the time.  The petition said the new trust "largely disinherits his natural children... in favor of Nicky."  "The document was done in December so we have issues about its validity," said attorney Todd Stevens. However, the attorney present for Don's side said that is not the case.  "It appears to be a validly, executed trust by Mr. Hess," said attorney Lisa Frisella. Frisella said in court Mr. Hess went to a lawyer on his own and amended the trust.  Team 10 visited the Hess home to get Nicky Hess's side of the story.  She was home and did not want to talk in person. However, less than an hour later, Nicky called Team 10 and said over the phone: "All I need is love. I don't even think about his money. His kids did not approve our marriage."  Team 10 asked about allegations of elder and financial abuse. Nicky Hess said, "No, no way. I never elderly abuse my husband. I love him so much." In the petition response filed by Don's lawyer, it also denied any abuse and said the "children were more concerned about their inheritance than his happiness." In court, Judge Kelety temporarily "suspended" Mrs. Nicky Hess as successor trustee until another court appearance scheduled for April 5th.  It was a small victory for Dede Hess and the other Hess children, as they pray for their father's recovery. "I don't want this to happen to anybody else," Dede Hess said.  According to the National Council on Aging, elder financial abuse is likely underreported. A 2015 study found this type of abuse and fraud costs older Americans .5 billion a year.    4398

SAN DIEGO (KGTV) — With President-elect Joe Biden and Vice President-elect Kamala Harris projected to take the White House, Harris will have to resign her seat in the U.S. Senate.The power to fill that seat would fall to Governor Gavin Newsom, and the political jockeying for his pick is well underway.“This is one of the best jobs in American politics, one of the most prominent jobs in American politics and every California political leader wants it,” said UC San Diego political science chair Thad Kousser.Kousser expects Newsom will want to make history with the diversity of his pick, should he have the opportunity.Others are thinking along the same lines. Groups like Equality California have sent the governor a list of their preferred LGBTQ candidates, which would be a first for California.Assemblywoman Lorena Gonzalez tweeted out her own list Friday of Latino candidates, another potential first for the state.“We are the largest demographic in this state, and growing,” she wrote. “It’s time we have a Latino/a US Senator.”Political analyst Laura Fink says the governor is going to have to balance a lot of competing interests.“First and foremost, what's going to be best for California? And then of course, what's going to be best for Governor Newsom moving forward as he looks toward his political ambitions,” Fink said, referring to the possibility that Newsom could run for president.There have been dozens of names floated as potential picks, including California Secretary of State Alex Padilla and state Attorney General Xavier Becerra.Both are sons of Mexican immigrants who would be the first Latino senators in California history.But don’t pencil either in just yet, according to Fink.“Kamala Harris is leaving one of only 26 women in the Senate. That's one out of four. Last time I checked, [women] are north of 50 percent of the population. So that is something that will need to come into consideration,” she said.Rep. Karen Bass is another top contender. She’s the head of the Congressional Black Caucus.There’s also State Senator Toni Atkins of San Diego, who could also make history as California’s first openly gay senator.“She's been the first a lot of times,” Fink said. “First lesbian Speaker of the State Assembly. First Madam President Pro Tem of the State Senate. This would be another first for her should she ascend to that seat.”Atkins declined to say if she was interested in the job or being vetted.“Right now, my focus is on the work before us, and the path ahead of us," she said in a statement to ABC 10News.Atikins said she was “focused on the outcome of the election and our state Senate races, looking forward to a Biden/Harris administration, and continuing our work here in California.”The power to fill a vacant U.S. Senate seat comes from the 17th Amendment to the U.S. Constitution. States have their own laws that shape the process.Five states require Senate vacancies to be filled by a special election. Nine states allow the governor to appoint a replacement, but require a special election shortly after.The remaining 36 states, including California, allow governors to appoint a replacement to serve out the remainder of the term.Newsom’s pick would serve out the remaining two years on Harris’s term, then go up for reelection in 2022 as an incumbent. Incumbency carries significant advantages in name recognition, fundraising and image, said Kousser.“You are getting that news coverage. Somebody is probably playing you on Saturday Night Live for two years, and that elevates you above all the other contenders,” he said.With California a reliably blue state, experts say Newsom’s pick could hold the job for decades. 3685

SAN DIEGO (KGTV) — Each year thousands of people in San Diego County face eviction from the place they call home. With rising rents and mortgage rates increasing, experts say that trend is about to get worse.“On November 5 my family and I are going to be homeless because it’s very hard to find places,” said Margot Velez.Velez is being evicted from her apartment, the complex she’s called home for nearly a decade. There’s a dispute about whether or not she’s paid the rent.RELATED: San Diego rents will continue to rise, according to USC rental forecastVelez said she’s up-to-date. She explained the owners of the complex claim she’s about ,000 behind, which is about three months rent.Team 10 investigator Adam Racusin asked Velez if there’s a possibility she ends up on the street.“Yeah, a real possibility,” she said.RELATED: More space for your money: Top neighborhoodsVelez is just one of the thousands in San Diego County facing an eviction.According to San Diego County Court records, there were more than 9,000 unlawful detainer cases filed last fiscal year. Those are eviction lawsuits.A report by the group Tenants Together, a statewide organization for tenants’ rights, stated landlords file an average of 166,337 eviction lawsuits annually in California, with a total of 499,010 households facing eviction in the three-year period. An estimated 1.5 million Californians faced court evictions over the last three years.RELATED:?Developer plans 300 new apartments in Otay Ranch"Evictions are on the [rise] in San Diego, and it's largely because there's just a depletion of rental stock,” said attorney Christian Curry with the Tenants Legal Center, a San Diego Law Firm. “Really, what it is is they get behind on their rent, and by the time they come to us usually they have the money to pay, but the landlord just won’t take it anymore."Curry said rents are going up and many people can't keep up, but in San Diego County, there are laws to help protect renters.The Tenants’ Right to Know regulations has a section that outlines termination of tenancy guidelines.RELATED: Housing swaps offer vacation savingsAccording to the regulations, a residential tenancy of more than two years duration shall not be terminated, nor shall its renewal be refused unless for things such as nonpayment of rent, the landlord intends to withdraw all rental units in all buildings or structures on a parcel of land from the rental market or the owner of blood relative plans to occupy the rental unit as their principal residence.If you’ve broken the rules and you haven’t been in your home for more than two years and you're facing eviction, there is a process for removal. According to Curry’s website, “After receiving an UNLAWFUL DETAINER [sic], the tenant/occupant must respond timely or lose the case. If you are personally served, you have only five calendar days to respond. If someone is served for you, you may have an additional 10 days. Weekends are counted but the last day to respond cannot land on a weekend (or holiday). If it does, the 'last day' carries over to the next business day. There are many defenses which can be raised.”Curry said tenants should know their rights and try to talk with the landlord ahead of time. Renters may be able to work out a deal that benefits everyone. 3368

SAN DIEGO (KGTV) -- Little Italy is the latest San Diego neighborhood asking for more regulation over the dockless bike programs popping up all over the city.  187

SAN DIEGO (KGTV) - Want the best of downtown living without sacrificing beautiful San Diego views? A ,200,000 high-rise condo may be the choice for you!The home was newly upgraded in a contemporary style. Two large balconies are custom-fitted with stacking doors for an indoor/outdoor living experience.The condo, which is on the 25th floor, has expansive city and bay views.PHOTOS: Downtown condo has high-rise San Diego Bay viewsAn added feature for the buyer includes a climate-controlled wine vault with ,000 worth of curated wines.The home is listed by Francine Finn and Raye Scott of Pacific Sotheby’s Realty.700 Front St.Bedrooms: 3Baths: 3Square feet: 3,050 678

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