BILL NUMBER: SB 558	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Simitian

                        FEBRUARY 17, 2011

   An act to amend Section 15657 of the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 558, as introduced, Simitian. Elder and dependent adults: abuse
or neglect: damages.
   Existing law provides for the award of attorney's fees and costs,
and damages, to a plaintiff when it is proven by clear and convincing
evidence that a defendant is liable for physical abuse or neglect of
an elder or dependent adult and the defendant has also been guilty
of recklessness, oppression, fraud, or malice in the commission of
the abuse.
   This bill would revise these provisions to change the standard of
proof to a preponderance of the evidence.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 15657 of the Welfare and Institutions Code is
amended to read:
   15657.  Where it is proven by  clear and convincing
  a preponderance of the  evidence that a defendant
is liable for physical abuse as defined in Section 15610.63, or
neglect as defined in Section 15610.57, and that the defendant has
been guilty of recklessness, oppression, fraud, or malice in the
commission of this abuse, the following shall apply, in addition to
all other remedies otherwise provided by law:
   (a) The court shall award to the plaintiff reasonable attorney's
fees and costs.  The term "costs"   "Costs"
 includes, but is not limited to, reasonable fees for the
services of a conservator, if any, devoted to the litigation of a
claim brought under this article.
   (b) The limitations imposed by Section 377.34 of the Code of Civil
Procedure on the damages recoverable shall not apply. However, the
damages recovered shall not exceed the damages permitted to be
recovered pursuant to subdivision (b) of Section 3333.2 of the Civil
Code.
   (c) The standards set forth in subdivision (b) of Section 3294 of
the Civil Code regarding the imposition of punitive damages on an
employer based upon the acts of an employee shall be satisfied before
any damages or attorney's fees permitted under this section may be
imposed against an employer.