BILL NUMBER: SB 558	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 3, 2011
	AMENDED IN SENATE  APRIL 4, 2011

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 amended, Simitian. Elder and dependent adults: abuse or
neglect: damages.
   Existing law provides for the award of attorney's fees and costs
to, and the recovery of damages by 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.
   Existing law authorizes a plaintiff to recover damages for the
sake of example and by way of punishing the defendant in addition to
the actual damages. Existing law provides that an employer is not
liable for punitive damages based on the acts of an employee unless
certain conditions are satisfied. Existing law requires that these
conditions regarding the imposition of punitive damages on an
employer based upon the acts of an employee be satisfied before any
damages or attorney's fees permitted due to liability for physical
abuse or neglect of an elder or dependent adult are authorized to be
imposed against an employer.
   This bill would instead require that these conditions regarding
the imposition of punitive damages on an employer be satisfied before
any punitive damages may be imposed against an employer found liable
for physical abuse, as defined, or neglect, as defined.  This
bill would state that these provisions are not intended to affect the
specified standard of proof for punitive damages. 
   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.   (a)    Where it is proven by 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) 
    (1)  The court shall award to the plaintiff reasonable
attorney's fees and 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) 
    (2)  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) 
    (3)  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 punitive damages may be imposed against an
employer found liable for physical abuse, as defined by Section
15610.63, or neglect, as defined by Section 15610.57. This
subdivision shall not apply to the recovery of compensatory damages
or the award of attorney's fees and costs. 
   (b) The changes made to this Section by SB 558 of the 2011-12
Session are not intended to affect the standard of proof for punitive
damages pursuant to Section 3294 of the Civil Code.